Family Solicitors

With today being dubbed “Divorce Day” by the media, the first working Monday in the New Year is purportedly the busiest for new divorce enquiries for Family lawyers and a headline that seems inescapable each and every year. 

In the same way that there is an increase in marketing for fitness and wellness, the ‘New Year, New Me’ - messages seek to get people thinking about their resolutions and reflecting on the year gone by. That, coupled with the fact that the Christmas period usually means more time at home together, there are sometimes heightened tensions between couples and an increase in financial pressure at this time of year, as well as more time spent with wider family. This may be what leads to a motivation, soon into the New Year, to take action or make a decision that has been considered for some time, long before today (causing the media hype surrounding ‘Divorce Day’). In truth, it is more likely that a couple, or one of the parties, have decided to wait until the festive period is over before doing anything about it.

Just because the marriage has come to an end, it does not mean that there needs to be a ‘bitter battle’ in moving forward with a separation. It is important to try and focus on the needs of the family and to prioritise the children (if you have children of the marriage), and/or meeting your respective needs when separating. We strongly recommend keeping acrimony to a minimum. Getting advice from a Family Law specialist early on can prove incredibly useful – advice to assist in preserving assets, managing your expectations, knowing your legal rights and obligations and focusing on the arrangements that need to be made in respect of finances and the children post-separation. 

To clarify, there is only one ground for divorce in England & Wales, and that is the ‘irretrievable breakdown’ of the marriage. The landmark reform introduced by the Divorce, Dissolution and Separation Act 2020, means that we now have a ‘no-fault’ divorce system in England & Wales, effective since 2022. This means that there is no longer a need for separating couples to apportion blame for the breakdown of the marriage. You can also now jointly apply for the divorce (or solely still too). This aids in decreasing or removing the acrimony in divorce.

The timing of the process also needs to be considered carefully. There is a minimum of 20 weeks between application for divorce and the second staged, conditional order. You are not divorced legally however until the final stage, the final order, dissolving the marriage, which is a further six weeks after the conditional order. So, from start to finish at absolute minimum, there is six months between application to the end of a divorce. In this time, you should aim to resolve the financial matters and arrangements for children if possible.

Again, obtaining advice early on from a family law specialist will be worthwhile. A trusted professional can play a big part in helping to sort out issues involving the breakdown of your marriage, care of your children, your home and your finances.

Our specialist divorce team are all members of Resolution. Resolution members are committed to a Code of Practice, promoting a constructive approach to family issues that considers the needs of the whole family and aiming to keep acrimony to a minimum.

If you are considering a separation or divorce, contact one of our team on 020 7923 8520 or email: privatefamily@duncanlewis.com to arrange a fixed fee initial appointment for specialist advice.

Our award-winning Family Law team has created a range of resources to support you during this challenging time:

• Navigating Family Law - Episode 1: Split Decisions, Understanding Finances, and Mediation During Divorce
  In this podcast, our Private Family team discusses the legal aspects of divorce, including financial considerations and mediation, to help you navigate your options effectively.
   

Listen here: Spotify - Navigating Family Law

• Decoding Matrimonial vs. Non-Matrimonial Assets in Divorce
  Director Amanda Willmore explores the distinction between matrimonial and non-matrimonial assets in High Net Worth divorces, offering clarity on this crucial topic.
   

Read here: Decoding Matrimonial vs. Non-Matrimonial Assets in Divorce

• Family Law TikTok: Bite-Sized Guidance

Our Family Law TikTok account features short, informative videos on divorce and other family law issues.

Watch here: TikTok - Duncan Lewis Family Law  

About the author:

Mandeep Benning is a Director in the Family department at Duncan Lewis Solicitors, based in our City of London Office. Mandeep and has specialised exclusively in private family law for over a decade. She handles all areas of relationship breakdown and has extensive experience in advising and assisting clients through financial applications within divorce, judicial separation and civil partnership dissolution, as well dealing with private law Children Act proceedings.

Duncan Lewis Solicitors 

Duncan Lewis Solicitors, an award-winning law firm renowned for its exceptional legal services and commitment to social justice our team of highly skilled solicitors provides top-tier representation in 25 diverse fields of law, including immigration, family, criminal, employment, and property law. Recognised for their unwavering dedication to making justice accessible to all, regardless of financial circumstances, Duncan Lewis Solicitors' outstanding reputation and numerous accolades, including being crowned Law Firm of the Year at the LexisNexis awards 2024 and Family Law Firm of the Year 2024 (London).