December 2018 saw the end of the government’s consultation on proposals for a ‘no-fault divorce’ process. The consultation closed on 10th December 2018 with all relevant bodies providing their responses.
The Family Mediation Council, Law Society, Bar Council and CAFCASS support the proposals on the whole, although they have each pointed out areas which will need further consideration. They all agree that the proposals and idea for a ‘no-fault divorce’ would reduce conflict between parties and certainly reduce the impact upon children.
It has been suggested that further consultation is needed to look at timescales and wording of amendments to current legislation. This year looks to be an interesting one in terms of divorce law and one which our department are keeping a close eye on.
In other news, December 2018 also saw some further Brexit developments and the possibility of leaving the EU with a ‘no deal’ on 29th March 2019. The Ministry of Justice has considered the implication of this and has published draft regulations to ensure that there is a functioning statute book if this happens. Jurisdiction and statute which governs Family Law will seemingly fall back to old provisions and the ‘Hague’ conventions. This is something that we are keeping a close eye on as a department as it develops.
Ian Hamilton-Fey, Incoming Head of Hall Smith Whittingham’s Family Law Department states:-“Brexit and life after 29th March2019 will obviously affect everybody in the UK in all aspects of their lives and it is still something of an unknown. Although most separating parties in England and Wales will largely be unaffected by Brexit as they will be governed by the Laws of England and Wales (of which many countries consider to be one of the best legal systems in the world) there will be many parties who will be affected by Brexit. It is for this reason we shall be closely monitoring the situation and we will be prepared to ensure we are able to offer the best advice and service to our clients”
To see how we might be able to help you, contact us today on 01270 610300 (Nantwich) or 01270 212000 (Crewe). We offer ALL clients a free initial meeting to consider your next steps and options that are available to you. Contact one of our Family Lawyers today for your free initial meeting.
