Today has been dubbed “Divorce Day,” notoriously the first working Monday after the New Year when divorce lawyers are expected to see an increase in new requests for legal advice regarding their marital or family issues.
This increase is believed to be the result of an increase in relationship breakups over the Christmas period due to factors ranging from a stressful vacation period, money issues, and, during Covid, orientation of the home work and social restrictions.
However, this year heralds a new era in how clients can be counseled and file for divorce.
According to Charlotte Leyshon, founder of Cardiff-based Lux ââFamily Law, there will be a much needed overhaul of the divorce process starting in April that will allow couples in the UK, for the very first time, to divorce without having to blame.
Ms Leyshon said: âUnder the current system, a couple must divorce immediately, they must either cite their spouse’s unreasonable behavior or adultery. This contradictory approach really starts the process off on the most acrimonious footing, and for many couples, this is not how they wish to dissolve their marriage. Under the new system, it will be possible for a couple to jointly file for divorce and one spouse to do so only against the other. This change allows couples who divorce amicably to make a joint decision and take a joint approach to end the marriage in a united and dignified manner.
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Ms Leyson said these changes will make a huge difference in how couples move into their futures individually and positively impact their ability to co-parent.
For example, it will no longer be possible to defend a divorce, which will deprive one of the spouses of the possibility of trying 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 costs and the emotional consequences of contentious quarrels.
As a result, couples are expected to wait until these changes are in place later this year before deciding to end their marriage and according to Ms Leyshon, Lux Family Law is already taking this into consideration in their cases.
“We are advising any new client who contacts us in the next few months that they may wish to wait before initiating divorce proceedings, as the new system that will come into effect in April 2022 could be a smoother and longer process. acceptable to them if there is no urgent need to divorce right away. This will certainly change our initial advice to clients and the focus can now be on solving the couple’s financial problems or related to their children from the start â.
Lux Family Law was launched Divorce Day in 2018. Since then, it has grown steadily and has a large clientele in London, with several cases being heard by the High Court. He is currently involved in a case before Judge Mostyn which is likely to lead to important directions in a financial recourse procedure for high net worth individuals.