Currently, there is only one ground for divorce or dissolution of a civil partnership in the UK, and that is irretrievable breakdown of the relationship. To establish that the relationship has irretrievably broken down, you have to prove one of the five facts: 

• Adultery – this is voluntary sexual intercourse between a man and a woman who are not married to each other but one or both of whom is or are married. It is important to note that an applicant cannot file for divorce based on his or her own adultery.  
• Unreasonable behaviour – You must prove that your partner has behaved in such a way that you cannot reasonably be expected to live with him/her.
• Desertion – You must prove that your partner has intentionally deserted you without a cause and without your consent for at least 2years before the petition is filed at court. Your partner does not need to agree to this fact, but you will need to check it will not be contested.
• 2 years separation with consent – You and your partner must have lived separately and apart for at least 2 years before the petition is filed at court and your partner must consent to the divorce proceeding using this fact.
• 5 years separation – You must show that you and your partner have lived separately for a continuous period of five years before the petition is filed at court. Your partner’s consent is not needed.

However, as of April 2021, couples who wish to separate will no longer have to rely on one of the five facts above, to prove that their relationship has irretrievably broken down. The new law will ultimately Trust the judgment of the couple involved.  It will provide separating couples the option to make a joint application for divorce, remove the possibility to contest a divorce, and introduce a minimum period of 20 weeks from the initial proceedings until a decree absolute of divorce has been granted. The hope is that by removing blame, couples can avoid unnecessary conflict, making the process of divorce cheaper faster and amicable. 

Here at Franklins, our experienced solicitors can make the divorce process easier for you. If you need advice and assistance, please contact our Family Team on 01604 828282 / 01908 660966 or email Family@franklins-sols.co.uk. 

For just a moment, you might have been forgiven for forgetting that COVID-19 existed. After the initial pandemonium of the first wave, the daily government updates and the long (albeit sunny) months spent indoors in isolation, we, as a nation, achieved what seemed unachievable, that all important R rate went down. We were allowed to socialise with our friends and extended family again, bars and restaurants were opening and we were even being encouraged to ‘Eat Out To Help Out’. Freedom at last! Or so it seemed.

Over the past few weeks infections have been on the rise again, with local lockdowns imposed and the R rate accelerating close to the levels it was at prior to the first lockdown. With the prospect of a second lockdown now on everyone’s mind, it is important to consider whether this will have a positive or detrimental impact on families.

There is no doubt that most parents breathed a heavy sigh of relief when the Government announced that schools were re-opening. Many parents found themselves taking on a new, unexpected ‘career’ as a home-school teacher, that is if they were not setting up their children’s virtual classroom first thing in the morning. Undoubtedly, COVID-19 will have had a damaging effect on children’s learning and mental health, although many are too young to understand the true consequences of a global pandemic. In respect of their learning, millions of children are likely to have lost out on 6 months or more of education, with the majority of children doing very little formal learning each day, especially those from low income families. The true impact of this however is yet to be seen.

The impact of COVID-19 on the family dynamic has also been an interesting one. Whilst some families have found that it has strengthened their relationships as they have been able to spend quality time together, others have been faced with financial hardship. It has also become apparent that lockdown has led to a rise in domestic abuse cases with men and women feeling trapped at home unable to escape their abuser. This is of course an unacceptable price to pay and more needs to be done to ensure that those experiencing domestic abuse are provided with the tools that they need, including access to legal advice. At Franklins we believe that no one should suffer in silence. With a sensitive but firm approach, you can rely on our family solicitors for support, reinforcement, advice and legal action that will put an end to the suffering you are experiencing in your home.

On the subject of family dynamics, it has also been suggested that Covid-19 has led to a spike in divorce enquiries. Although, there is no ‘perfect time’ to get divorced, spending an increased amount of time with your spouse is likely to have fuelled martial problems (where problems previously existed), especially if finances are also strained. Divorce is life changing for all parties involved but through tactical negotiation, on-going support and practical advice, you can rely on our family solicitors to get you on the route to resolution as soon as possible. Divorce is never easy or enjoyable, but with a team of specialists on your side you can rest assured that it will not last any longer than it has to.

If you need advice and assistance, please contact our Family Team on 01604 828282 / 01908 660966 or email Family@franklins-sols.co.uk.

There is no doubt that COVID-19 has heightened the emotional stress and anxiety that divorce proceedings bring with them. I think most will agree that there is no perfect time to go through a divorce particularly where there are children involved given the emotional toll divorce and separation can take on families. The COVID-19 pandemic has unsurprisingly added to the uncertainty and anxiety that separation can bring.

It is still possible to get divorced and reach an agreement regarding the finances with your spouse during this time. Whilst the divorce process is fairly straight forward from a procedural point of view, the process itself is taking longer than usual due to the backlogs the Courts are experiencing with temporary closures and limited numbers of staff. Parties may wish to consider putting things off until the pandemic is over but prolonging the situation may cause further difficulties for separating families.  Parties have to consider the impact on their mental health and on their finances.  Parties are also encouraged to consider the changes in values of any assets that may be involved and needing to be dealt with.  This would include property, pensions and certainly businesses. Parties are encouraged to seek advice as every case is different and turns on the specific circumstances of that family or relationship.

Some parties may find that they are already in Court proceedings and want to know whether the hearings will continue.  In most cases, Court hearings are continuing and are being held remotely.  This is subject to the Court being able to accommodate that hearing.  Hearings are being prioritised by the Courts and consideration is given to the urgency of each matter on a case by case basis.  Whilst many Courts have had to close temporarily many are still accommodating remote hearings via telephone and video link such as Skype and BT Conferencing. 

Whilst the Court have been able to arrange some hearings remotely we have found that some hearings are being delayed or postponed.  In particular, there are hearings such as Final Hearings where it has been decided that it will be in the parties’ best interests to have those Final Hearings in person in Court.  This is to ensure that a fair trial can take place.  In those cases this does mean that the hearing may be adjourned until an “in-person” hearing can take place if that is the only option. It is at the Judge’s discretion and the parties are able to voice their concerns as to whether the hearing should proceed. 

Despite the difficulties that the Courts and parties are facing, there is no reason why work cannot continue as usual in between hearings and we are still here to assist where clients need us. Much of the work involved in divorce and financial remedy and children proceedings can still be carried out.

If you need advice and assistance, contact our Family Team on 01604 828282 / 01908 660966 or email Family@franklins-sols.co.uk.

The Divorce, Dissolution and Separation Bill has passed its final parliamentary stages. The Bill does away with the need for a spouse’s consent to divorce and allows one party to obtain a divorce by a unilateral declaration that the marriage has broken down irretrievably.

For many, this change is long overdue and will be welcomed. It simplifies the process to achieve a divorce. In many cases, a petitioner has to go to great lengths, spend much time, energy and costs in achieving a divorce where their spouse does not agree or will not engage in the process. This is even the case where the parties have not lived together as a married couple for many months and there is no prospect of reconciliation. This can be disheartening, exhausting and demoralising for a petitioner who wants to escape a bad marriage. It is hoped that this change will bring great improvements for those who find themselves in this predicament.

On the other hand, some argue that it could have disastrous results for those who are a victim of domestic abuse or adultery as they would not be able to cite that as the reason for the divorce. Some also argue that this reform makes ending a marriage all too easy for those who want to commit to working things out. Is it fair to say that by removing the legal requirement to attribute blame for the breakdown of a marriage, it makes ending a lifelong commitment easier and quicker than ending a tenancy? Only time will tell.

Find out more about our divorce services here.

If you would like any advice in relation to separation and divorce, contact Kelly Longmore and our expert Family team on 01604 828282 / 01908 660966 or email family@franklins-sols.co.uk. 

It has been a very difficult time for families, particularly parents who do not live in the same household.  No doubt that some parents are concerned about whether the current child arrangements and time they spend with their children will be able to continue. The Government have published guidance on exceptions to the ‘stay at home restrictions’.  They have confirmed that where parents do not live in the same household, children under the age of 18 can be moved between their parents’ homes. 

Where a person has Parental Responsibility for their child they are able to make decisions concerning their child’s welfare and ensure that they are not placed at risk or in vulnerable situations. Therefore where a parent or someone in the household is showing symptoms of the Coronavirus or is in a vulnerable category then parents will need to ensure that their children are not moved between the homes at that time. This may mean that a parent can go sometime without seeing their children as the Government guidance states that a person who has symptoms must stay at home for seven days and if they have family members that live with them they must also stay at home for 14 days. 

At this time parents are going to have to be flexible and work together to ensure that children can still spend quality time with both of their parents during this difficult time. It will take cooperation and consideration for what is in the child’s best interests. Ultimately, if parents cannot agree on the practical arrangements that should take place for spending time with their children then a Court application can be made. It is difficult to know how the Court will treat cases such as these but undoubtedly the Court will look at whether they feel that the parent who preventing contact between the child and the other parent has acted reasonably and cautiously given the current Government guidance.

If you need any advice or assistance relating to family matters, please do not hesitate to contact Kelly Longmore or our Family team today on 01908 660966 / 01604 828282 or email family@franklins-sols.co.uk.

I cannot count the number of times I have been asked by a client why they cannot simply divorce because they no longer want to be married. It is hard to explain why a modern society like ours, still enforces a system that encourages blame.

Currently, if you want to divorce you must satisfy one of 5 facts such as two years separation with consent, adultery or 5 years separation. More often than not, couples do not want to wait for two years before they divorce, and so they are forced to cite unreasonable behaviour. Two years is a long time for anyone to put their lives on hold, particularly where young children are involved. This means that one of them have to identify the other’s behaviour as the reason for the breakdown in their marriage.

It is my experience that where couples were once amicable and keen to approach matters in a conciliatory way, attitudes change where one party makes allegations about the other’s behaviour, allegations that inevitably upset the other party. Fault based grounds tend to only increase the level of acrimony and conflict as it forces the parties to focus on what has gone wrong rather than find a positive way forward.

I agree that in order to end such an important relationship, there should proper reflection and examination with both parties taking time to consider whether that relationship can be repaired. But perhaps, rather than fuelling the fire with fault based grounds, no fault divorce is the way to go.

Kelly Longmore comments following on from Guernsey agreeing to make divorce law ‘reflective of modern society’ the BBC reports.

For further information on any aspect of Family Law please contact our Family Law team on 01908 660966/ 01604 828282 or email family@franklins-sols.co.uk.