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What is a ‘No Fault Divorce’

17th March 2022 by Courtney Jones Leave a Comment

Bridlington Spa

Under current divorce legislation, as set out in the Matrimonial Causes Act 1973, a person can petition for a divorce on the ground of irretrievable breakdown of marriage in reliance of one of five facts: adultery, unreasonable behaviour, desertion, two years’ separation with their spouse’s consent, and five years’ separation without the need for their spouse’s consent.

Similarly, the Civil Partnership Act 2004 allows for a dissolution order to be sought on the same basis – save that adultery is not one of the available facts.

But as of April 2022, this is set to change. A principle called “no fault divorce” is coming into effect, courtesy of the Divorce, Dissolution and Separation Act 2020. It is important to note that whilst the new law is commonly referred to as “no fault divorce”, the same reform applies to the dissolution of civil partnerships.

Under this new legislation, you will be able to make an application for divorce on the ground that the marriage has irretrievably broken down without the need to satisfy the Court of one of the five facts. If you wish, you and your spouse can also apply jointly for a divorce.

A conditional order will replace the previously named decree nisi but this cannot be made until 20 weeks after the divorce application has been filed in Court. Some six weeks from the date of the conditional order, either party can ask the Court to make a final divorce order to conclude the proceedings. Once this is granted, you are legally divorced.

It is important to note that under the Divorce, Dissolution and Separation Act 2020, you still cannot apply for a divorce order before the expiration of 12 months since the date of marriage. Also, the basis on which a divorce application can be defended under the new legislation is far more limited.

Marriage breakdown and divorce proceedings can be an incredibly stressful time for families. It is hoped that by removing the necessity to establish a “guilty” party within the marriage, the process will take less of an emotional toll on families, and instead allow an amicable relationship to continue, insofar as the circumstances allow.

Additionally, minimising extended timeframes within the divorce proceedings will hopefully lessen the financial burden placed upon those living separately prior to a division of the marital assets.

Instead, we would hope to see focus shifted to resolving more important matters arising from a marriage breakdown, namely child arrangements and any financial issues.

If you have any queries in respect of divorce, dissolution of a civil partnership or judicial separation, please contact us on telephone number 01723 866353, to arrange a 15 minute free telephone appointment with our Debbie Agus.

Filed Under: Family Matters

Can I Do Probate Myself?

2nd April 2018 by Beth Field Leave a Comment

Scarborough North Bay

It is possible to handle probate yourself, but the benefit of using a solicitor is ensuring it gets done in a timely manner, and also far more importantly, gives you peace of mind knowing the forms will be completed correctly.

In addition, organisations like banks tend to prefer corresponding with solicitors. A solicitor’s client account is ‘trusted’ and so payments can be obtained faster.

Some people feel bad for paying for a solicitor, or think it will cost them money personally, and therefore feel they should be doing probate themselves.

However, the cost of paying for our probate services falls to the estate because it is seen as a legitimate expense — it doesn’t fall to you the executor.

Filed Under: Wills & Probate

What is Probate?

2nd April 2018 by Beth Field Leave a Comment

Scarborough North Bay

Probate is the process that you go through when someone has passed away.

Not everybody needs to go through probate—it depends on what assets you have, and how you hold those assets. For instance if you have a house, and that house has to be sold then you will need a ‘Grant of Probate’.

A Grant of Probate is obtained if you have a Will and you have appointed executors. Your executors have to get a Grant of Probate to be able to administer your estate and to be able to sell your house.

However, in order to get a Grant of Probate you have to prove whether or not the estate has to pay inheritance tax. Even if you do not pay inheritance tax, you still have to complete inheritance tax forms and complete an Oath, and send both the Oath along with the Will to the probate registry.

Providing everything is okay they will issue that Grant probate.

If someone does not have a Will, but owns a house for example, then you get what they call a Grant of Administration, which is slightly different – because you do not have a Will to rely on.

If people are beneficiaries then they can also apply to the probate registry to be given a Grant, so they can at least deal with the assets in the estate, and their job then is to make sure those assets pass according to to the Intestacy rules – so the correct beneficiaries get those assets.

It can sometimes be quite a lengthy and complex process to value someone’s estate, which is why most clients come to us for help.

Filed Under: Wills & Probate

When is a Will Valid?

2nd April 2018 by Beth Field Leave a Comment

Scarborough North Bay

As soon as your new Will is signed and dated it is immediately valid.

However, the key thing to a will is its execution. You must ensure your new Will has been executed correctly, which is one of the major benefits of using a solicitor like us (as opposed to buying one of the “off the shelf” solutions that are available).

Although off-the-shelf or “do it yourself” Wills can be cheap, they run the risk of being invalid due to inaccurate execution, which is the biggest reason for wills failing.

If you are in any doubt about the validity of your Will, consult with a professional solicitor as soon as you can.

Call us today for a free no obligation chat about our Will Writing Service, and get peace of mind knowing your family will be properly catered for after you pass.

Filed Under: Wills & Probate

How Often Should I Update My Will?

22nd March 2018 by Beth Field Leave a Comment

Scarborough North Bay

Some people review their will very regularly. Others do it once then forget all about it — to the point where it is unfortunately woefully out of date at their time of death.

The key is to get a proper balance.

Do it, tick it off your list, then forget about it for a few years. In fact you may not have to update it for ten years or more.

The time when it is important to update is when you have a major life event, like getting married, divorced, or you have a child.

When any of those events or similar events happen then it is really sensible to revisit your Will again and bring it up to date.

If you have not updated your Will in a long time, or perhaps have not even got a Will yet, call us today and we can ensure this critically important document is in place, well in advance of it ever being required.

Filed Under: Wills & Probate

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