News

The “No-fault divorce” is coming

The law

Under the current law, introduced in 1973, couples must blame the other to get a divorce, unless they have been separated for two years.  To blame the other person, they must cite either their “unreasonable behaviour” or their adultery.  This is not very helpful for those couples who have mutually agreed that their marriage has broken down, but there is no one at fault.

How do I “divorce-proof” my business?

We deal with many cases involving SME’s and businesses.  The impact on a business of a marriage breakdown can be significant:

  • It can be difficult to focus on your work while you are dealing with the emotional fallout of your separation. This can affect financial performance, the value of the business and the level of your income.
  • The business interest may well be an asset to be considered in the financial settlement.
  • If the business is run as a joint venture by both of you, the future of the business will need to be decided

Warning for unmarried couples over common law marriage myth

There is still a misconception that couples who share their home and finances have certain rights, whether they are married or not. This assumption is unfortunately resulting in some people being left homeless and facing financial hardship if their relationship breaks down.

Could ignoring a court order in your divorce land you in prison?

When you are going through financial proceedings during your divorce, there can be two types of court order:

  • One which sets out the terms of the financial settlement and is either agreed by the parties or imposed by the judge and usually comes at the end of the proceedings; and
  • Within the proceedings, there can be case management orders setting out the documents or information required to progress to a final settlement.