FAMILY
Legal talk
Log in, break up - divorce is just a click away With Elmhirst Parker Solicitors
When a marriage breaks down and cannot be saved, choosing to get divorced is a huge decision to make and one which is never easy for all involved - and that is before facing the overwhelming legal minefield that lies ahead.
To reduce the stress of what can be an emotionally fraught time, the Ministry of Justice (MoJ) has recently launched an online service to offer virtual divorce applications in a bid to cut the amount of cases going to court. But is the DIY approach to divorce a sensible option for everyone?
During a successful pilot scheme from January to April, 1,100 applications were made with only 0.6 percent of these being rejected – a substantial decrease compared to the 40 percent of rejected paper applications, often due to forms not being completed correctly or having documents missing.
Language is clear and non-technical and the whole process can be completed online including uploading supporting evidence and paying the £550 court fee.
The nationwide scheme is just one of the latest initiatives in the department’s £1billion modernisation programme that looks to make the court system quicker, more accessible and easier to use for all.
The change will see a reduction in the number of court staff employed who currently spend 13,000 hours dealing with complex paper forms. The MoJ also claim the overall programme will cut waste, speed up the service and fit in better with modern life. However, while our family law professionals welcome the much-needed simplifications, we also need to stress that this DIY route may only benefit those with simple finances. Dissolving marriage through divorce is actually pretty straightforward in most cases; what often draws out the separation process and causes difficulties are decisions and arrangements for children or financial settlements.
In even the most amicable of cases, each side will naturally wish to secure the best outcome in regards to asset division which is becoming increasingly complex, particularly in second marriages.
This means some divorcing couples are likely to end up in court in pursuit of a fair share of assets. However, ‘fair share’ may not be the ‘equal share’ that is generally expected,
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Recent cases have highlighted how financial settlements have steered away from long term maintenance orders and instead focused on the needs of those involved. In KA v MA (March 2018), a pre-nuptial agreement was in place to protect the husband’s accumulated assets and ensure they would pass to the sons from his first marriage. When the marriage failed, the second wife asked the court to set aside the pre-nup,
‘‘Emotions can often cloud judgement if you choose to represent yourself and there are lots of complex things to consider. A solicitor can advise on how strong the particulars have to be...’’
saying she had been pressured to sign it. The court declined, saying it had been entered into willingly; however, they agreed it did not meet her needs and she was awarded a significantly higher contribution that still left her ex-husband’s main wealth intact. In Waggott v Waggott (April 2018), an ex-wife attempted to increase her annual maintenance payment which backfired when the Court of Appeal undermined this so-called ‘meal ticket for life.’
The wife had already been granted a settlement of £9.7million plus a further £175,000
per year for the rest of her life. However, she appealed, asking for an increased share of her ex-husband’s bonuses plus an extra £23,000 per annum. He cross-appealed and the Court of Appeal agreed with him, ordering a three-year non-extendable term instead. In Hart v Hart (August 2017), a wife was awarded £3.5m out of total resources of just under £9.4m. Despite a 23-year marriage, where an expectation would be for an equal distribution of assets, greater weight given to the pre- marriage wealth of the husband and the wife’s settlement was based on a calculation of her needs.
Emotions can often cloud judgement if you choose to represent yourself and there are lots of complex things to consider. A solicitor can advise on how strong the particulars have to be or if your argument is actually relevant; they can also inform you of any financial claims you are unknowingly entitled to.
While the DIY approach may benefit some, one would still be wise to have at least one safety check meeting with a family law solicitor to ensure you understand your rights and the implications of any agreements you make. If you have children under 18, a valuable home or pension, or have complicated finances including business shares or a former marriage, it is always encouraged to seek legal advice. Those who have been married for less than five years, have no children and are able to negotiate how they will divide what they jointly own may find the online service beneficial.
*This is not legal advice; it is intended to provide information of general interest about current legal issues.
• Divorce • Separation agreements • Financial settlements • Children • Pre-nuptial / Civil partnership agreement
Also Cohabitation agreements and disputes Telephone or e-mail Helen Palmer for free initial advice Tel: 01226 282238
17/19 Regent Street, Barnsley, S70 2HP (also in Royston, Selby and Sherburn-in-Elmet)
www.elmhirstparker.com hpalmer@elmhirstparker.com
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