Divorce, property and children

In the UK, the Divorce, Dissolution and Separation Act 2020 reforms the legal requirements and process for divorce to enable ‘no fault’ divorce. This is expected to reduce the potential for conflict between divorcing couples by removing the ability to make allegations about the conduct of a spouse and allowing couples to end their marriage jointly. It will no longer be possible to contest a divorce except on limited grounds including jurisdiction.

There is a minimum period of 20 weeks between the start of proceedings and an application for a conditional order. This provides couples with a meaningful period of reflection and the chance to reconsider. Where divorce is inevitable, it enables couples to cooperate and plan for the future, often as co-parents.

In many jurisdictions, including Australia and the UK, divorce settlements typically aim to achieve a 50/50 division of property. However, this goal is often not met due to other circumstances, for example past contributions and future needs, meaning that one party receives a larger portion of the matrimonial assets than the other.

The duration of the relationship is relevant, but the circumstances of separation are usually not considered. Where one party appears to have ‘wronged’ the other, this can seem unfair; mediation can help to heal each party and facilitate a better future for the couple and their children.

In relation to children, parents do not have ‘rights’ to children, but children do have rights to being parented. Courts consider the interests of children to be paramount when deciding arrangements for residency, care and financial provision for children.

Legli assists you by:

1. Providing a free platform for you to collate important documents;
2. Helping you to locate a solicitor or mediator with specialist expertise;
3. Helping you to establish your identity, thereby speeding ‘onboarding’ and the commencement of various processes;
4. Managing the process of finding the solicitor or mediator who offers the best value, quickly and without embarrassment;
5. Facilitating confidential communications between you and your solicitor. Email is not secure and can facilitate fraudulent transactions. This is especially important in family matters where your spouse may be able to access your computer without your knowledge.