Everything you should know about getting a divorce in 2023


The first Monday back to work following the start of the new year has been called “divorce day” due to an increase in inquiries from dissatisfied spouses. Typical causes include stress from post-Christmas financial concerns, spending more time together over the holiday season, and excessive drinking resulting to conflicts. Trusted Mediators Derbyshire discuss.

In April of last year, the long-awaited revisions to no-fault divorce became law. To assist you in determining if divorce is the best decision for you, we felt it would be useful to outline the key changes.

What was the key difference?

The new no-fault divorce legislation allows spouses to lawfully split without assigning blame to either side for the relationship’s demise.

Formerly, two or five years of separation or a valid cause was required. Adultery, unreasonable behaviour, and other complaints involving the conduct of one of the spouses were cited as causes. As a result, animosity existed from the outset, since someone had to take the blame.

Couples may now issue a declaration indicating that their marriage has irretrievably broken down. Conversations are far more beneficial and centre on crucial topics such as living arrangements, children, and income. Rather of blaming each other for the dissolution of the marriage, negotiations are focused on the future of you, your spouse, and your family.

Why was change essential?

The modifications were the most significant improvements to divorce law in about half a century. The law now more accurately reflects the reasons why contemporary marriages fail and permits individuals who have grown apart but remain friendly to separate amicably.

What are the additional advantages of no-fault divorce?

The notion of disputing a divorce has been eliminated, allowing anyone to file without the consent of the other spouse. This implies that no one may be forced to stay in a marriage they choose to dissolve, and abusive spouses can no longer utilize divorce litigation to prolong their behavior.

Several organizations were afraid that the new legislation might result in divorces which hadn’t been adequately studied, but couples must rethink their choice with a mandated time of contemplation. A temporary order will be issued once a minimum of 20 weeks have passed from of the date of the application. There is an extra minimum six weeks between the conditional order and the final order.

Is legal counsel still required?

Although if divorce is today more pleasant and less complex, legal assistance is still needed. A divorce is legally binding, and the terms cannot be amended after they’ve been agreed upon. It’s vital to make absolutely sure every component is thoroughly studied, and that the documentation is in order with all the data precise.

Separation may be an emotionally charged moment. Even if you and your spouse think it’s the best course of action and you stay friends, it still signifies the end of a marriage which was likely once the happiest period of your life. It’s a major choice to make and there is a great lot to consider. Any fear, pressure, or comments from friends and family may affect your judgement, so it’s better to discuss every detail with an experienced legal practitioner.

We can also advise you through the legal repercussions of altering your marital status, such as any changes to your tax and pension.

What is BRAND role in divorce cases?

Unless the divorce was due to domestic violence or a comparable condition, we always advise couples to arrange their separation constructively via mediation. Here is where we assist you discover a solution that works for both parties. The mediators would not pick sides or tell you what to do. they are impartial and are there to assist your talk so that it continues until terms are reached.

With mediation, we:

  • Prepare paperwork for court
  • Advise on financial concerns including the family home, pensions, savings and investments
  • Counsel you on your entitlements and help you with negotiations
  • Advise disputing parents on day-care, contact and maintenance payments

As well as being able to address the practical parts of your divorce, we recognize that now the process may be a taxing and unsettling period. Our expert staff handles with divorce matters every day, so will be able to give emotional support to you as well as the best possible legal guidance.

What happens if a settlement cannot be achieved through mediation?

Not every divorcing couple is fit for mediation, and sometimes the only option is to go to court. Regardless of how difficult your case may look; we are prepared to advocate on your behalf.

We can:

  • Instigate court procedures and represent you
  • Prepare cases for presentation before the judge
  • Speak with your spouse via their solicitor if direct communication is not feasible.