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New family law legislation

Justice Secretary, David Gauke, announced new legislation on 9th April that will overhaul divorce and reduce family conflict, explains head of Lodders’ Family Law team, Beverley Morris.

The new ‘no blame’ family law legislation announced this week will overhaul divorce and reduce family conflict.

The Family Law team at Lodders are all members of the Resolution organisation (formerly the Solicitors Family Law Association) and, through Resolution, have lobbied the Government extensively seeking a change in divorce law to end the need for blame when a petition is filed with the court.

The announcement is such that divorcing couples will no longer have to blame each other for the breakdown of their marriage and so we should see a reduction in conflict at the commencement of a case.

Most family justice professionals took part in a public consultation on this area and voiced their concern at the ongoing need to frequently site reasons for the breakdown of the marriage which only sought to increase conflict between parties and often damage their relationship long term and that of their children.

Irretrievable breakdown

The proposals for change include the retention of the irretrievable breakdown of the marriage as being the sole ground for divorce but replacing the requirement to provide evidence of a fact to support this, with a requirement to simply provide a statement of irretrievable breakdown.

Another welcome move is the creation of the option for a joint application for divorce alongside retaining the current system of one party initiating the proceedings.

For more information, contact Beverley Morris head of the Family Law team, on 0121 200 0890 or via email: beverley.morris@lodders.co.uk

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For more information, contact Beverley Morris head of the Family Law team, email: beverley.morris@lodders.co.uk