The value of a family business or business interest is treated as an asset and therefore part of the matrimonial pot to be distributed when it comes to negotiating a financial settlement on divorce or...
Meta Title :When ‘simplification’ risks becoming delay
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Mar 6, 2020, 10:34 AM
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The ‘fine detail scrutiny’ of The Divorce, Dissolution and Separation Bill is due to begin in March, when its Committee Stage kicks off. It follows the successful second reading in Parliament in early February.
It feels like it’s taken a long, long time to get even this far. And it has. Quite apart from last year’s intrusion of a general election into the passage of reform legislation, divorce law change has indeed been a long time coming.
So-called ‘no-fault’ divorce has for years been sought and campaigned for. National Family Mediation (NFM) is one of a number of organisations that long lobbied for current outdated laws to be replaced. We argued that the need for one party to show ‘fault’ before divorce can quickly happen fuels bad feeling and causes escalation of simple cases into major courtroom battles – which is good for nobody.
these reforms with digitisation and you have a recipe that in theory
streamlines the whole process and should in essence be a good thing.
now is the time that wise government minds need to start looking at the Bill’s
impact in the short- and medium-term.
of the law means we are likely to see an upsurge in pressure on the family justice
that’s a further increase following what we already know is a logjammed system
since the huge rise in litigants-in-person, which followed the infamous LASPO
Act of 2014.
is the time for justice ministers and officials to get out the calculators and
begin allocating extra funding at what will be a pivotal time to support a
family justice system that is already creaking.
very last thing Ministers want is to see this popular legislation backfire,
with overflowing courts unable to cope and parties to the divorce being left
exposed and families left financially vulnerable all because the click of a
button makes it possible. The danger is that without additional resources, what
is supposed to be ‘simplification’ could end up with longer delays, and more
distress and muddle.
the ambition of government is still to see more people making their own
arrangements for their separation out of court. But the Bill as drafted allows
little time for parents to seek the advice and guidance of professionals, and
in particular family mediators. We know that divorce is an emotional and
personal process and that people go through this process at different paces. So
setting a clock running for the respondent to get their act together to sort
things out in six weeks seems like a very tight timescale - especially
when experience shows that even the most organised would struggle to be in a
position to agree a financial order in that timeframe.
whilst government ministers are doing their sums, now is the time to give
serious consideration to funding the MIAM free of charge for all. The recent
Family Mediation Council survey showed that when both clients attend a MIAM
meeting 73 per cent go on to mediate, and of that 70 per cent go on to reach
full or partial agreement.
the time to put in place this free, simple and easy-to-access service at a
minimal cost that would save hundreds of thousands of pounds down the line.