THE COMPLETE NEW LAW OF THE WEEK IN 59 SECONDS: Free Video

One minute is a long time to hear about the law and look at me, I know. So I have cut down my latest video to 59 seconds. Domestic abuse cross-examination. Revised civil court forms. Joint divorces. And taking in temporary workers during strikes. I have covered them all. It's fast. It's painless. You have no excuses for ignoring.

NEW DIVORCE LAWS

There have been monumental changes in the divorce laws for England and Wales and they are now all in force. For a full explanation on how they work - with both primary and subordinate legislation covered - treat yourself to my book The Return of Breaking Law. And if you want a free ride or a big taster, take a view of my video (episode 12 - see below) on the subject and enjoy the wallpaper behind me.

NEW DIVORCE LAWS EXPLAINED FOR LAWYERS & NON-LAWYERS ON FREE VIDEO

It is all due to be happening on 06 April 2022. That's when the new divorce laws will come into force. In my free to view video, I explain how they will work and whether anyone after divorce or civil partnership dissolution should bring proceedings under the current law before 06 April or wait for the new laws to arrive. Account is taken of all the relevant legislation as well as the amended practice directions.

LATEST LAW ROUND UP: FREE VIDEO: Service charge ruling, divorce reform, financial remedies and covid - and more!

 

Stay in the know and click on my latest free video on legal developments. It won't bite. Free legal help contact info; where we are with divorce reform; court decisions on the impact of covid on financial orders in matrimonial proceedings; important Court of Appeal rulings on those dreaded service charges; and who picks up the VAT on enforcement agents' charges. 

VIDEO: No fault divorce coming soon

The good news is that no fault divorce is coming next year. The bad news is that you have to watch me talk you through how it will work.

NO-FAULT DIVORCE LAWS DELAYED

Implementation of the no-fault divorce laws (see https://www.breakinglaw.co.uk/search/label/divorce) is being delayed. It was intended that they would be up and running this Autumn but the start date has now been put off until 06 April 2022. There is still a possibility that even this date will be put back slightly.  The main reason for the delay appears to be the need to finalise and test the system to allow legal professionals and litigants in person to follow through the new procedures online in the majority of cases. 

Watch this space and for a full explanation of how the new laws will work, do order a copy of the second edition of Breaking Law.

Divorce Law Reforms: VERY LATEST

The Divorce, Dissolution and Separation Bill was passed in Parliament yesterday. It now awaits Royal Assent any time now before it becomes law. But hold on tightly, please. Before you can take advantage of it, regulations about how it will work in practice have to be drawn up and that will be a massive task. My best current bet is that we will have to wait until around this time next year before these regulations have been made and the new law is fully in operation. For the meantime, it's the Blame Game.

For what the Bill is about feast you eyes on https://www.breakinglaw.co.uk/search/label/divorce

Fancy A Divorce?Then Go Online And Click Away !

They have been trying out allowing some of you after a divorce to be able to start the process online and to pay the court fee online (see http://www.breakinglaw.co.uk/2017/09/divorce-on-line.html). They have been happy with the results of the trials and so, last week, the online facility was opened up to everyone in England and Wales. It will not yet be available to solicitors who are acting for divorce petitioners but only to petitioners doing it for themselves. Solicitors will be brought in soon but, for the time being, litigants in person are in a favoured position. In due course, the whole divorce process will be capable of management on line so long as the case is undefended.

The online case will be handled at one of four of the regional divorce centres based in Nottingham, Stoke (despite their relegation from the Premier League), Liverpool and Southampton and the court fee will be the same online as off line: that's £550 unless you successfully ask for the fee to be remitted because you are on benefits or otherwise down and out. You start off online by going to https://www.gov.uk/apply-for-divorce.

Todays' Sunday Times carried a muddled explanation of the divorce process. It won't be necessary for an account to be given of 'wealth and income' or 'arrangements for the children' as suggested in order to procure the divorce. Those subjects will come alive if and only if there is an application by one party for a financial remedy such as maintenance or there are proceedings under the Children Act 1989 about the welfare of the children. Financial applications might possibly lead to the final divorce decree - the decree absolute - being delayed but children issues will not do so. You can't start the divorce process until you have been married for at least one year. There have been some cases where divorce cases have been started before the first year was up and decrees have been obtained. These decrees are nullities as will be any remarriage which has taken place on the strength of them. Fresh proceedings will be needed to put the situation right.

Say your husband or wife want to defend the case? No change in the law there but on 17 May 2018 the Supreme Court is due to consider what conduct should be necessary to establish that you spouse has been guilty of unreasonable behaviour which is one of the divorce grounds. I've looked at the case with you in an earlier blog (see http://www.breakinglaw.co.uk/2017/08/will-wife-gain-freedom-from-marriage.html). You can watch the hearing online on the day but the Supreme Court's decision is likely to be  announced  subsequently after the judges have pondered their decision over their fish and chips and pickled onions.

Plenty on divorce and how to tackle financial remedy applications for both sides in my book Breaking Law.