Divorce Day and the new divorce system that will go into effect in April
Today has been dubbed “Divorce Day,” and is notoriously the first working Monday after New Years when divorce lawyers are reported to have seen a surge in new requests for legal advice regarding their marital or family problems.
This increase is believed to be due to an increase in breakups during the Christmas season, which can range from factors such as a stressful vacation season, money problems, and from work at home during covids to social restrictions.
However, this year heralds a new era in terms of counseling and filing for divorce.
Charlotte Leyshon, the founder of Lux Family Law, based in Cardiff, says the divorce process is in dire need of an overhaul from April so that couples in the UK can get divorced without blame for the first time.
Ms. Leyshon said, âUnder the current system for immediate divorce, couples must rely on either their spouse’s unreasonable conduct or adultery. This adversarial approach really starts the process on the sharpest footing and is not the way many couples would like to dissolve their marriage. Under the new system, it will be possible for one couple to apply for divorce together and one spouse to apply for divorce against the other alone. This change will allow couples who are divorcing by mutual agreement to make a mutual decision and take a common step to bring the marriage to a united and dignified end. “
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Ms. Leyson said these changes will make a huge difference in how couples individually approach their futures and positively impact their ability to be parents.
For example, it will no longer be possible to defend a divorce that deprives a spouse of the opportunity to try to prevent a divorce. Very often, an abusive or controlling spouse can abuse the current system by defending a divorce and causing their spouse significant legal fees and the emotional aftermath of a litigation.
As such, it is expected that couples can wait for these changes to go into effect later this year before deciding to end their marriage and, according to Ms. Leyshon, Lux Family Law is already taking this into account in their cases.
âWe advise all new customers who contact us in the next few months to wait before putting into divorce proceedings, as the new system, which will come into effect in April 2022, could be a friendlier and tastier process for them if that is the case Fall is not an urgent need to get divorced immediately. It will certainly change the way we initially advise clients and the focus can now be on solving the couple’s finances or problems related to their children from the start. “
Lux Family Law was launched in 2018 Divorce Day. Since then, it has grown steadily and has a significant customer base in London, with several cases heard in the High Court. It is currently embroiled in a case before Mr Justice Mostyn that is likely to result in important guidance being given in high net worth financial appeal proceedings.