38 Finance & legal
6 SEPTEMBER 2021 FAMILY VALUES — AN ADVERTISEMENT FEATURE IN
Court changes offer a beacon of hope following divorce delays
During the pandemic, there were significant delays at divorce centres across the country. Te court system has been battling to keep up with demand and Bury St Edmunds, the centre that covers London and the South East, reported delays of up to 14 weeks for divorce petitions and up to 20 weeks for financial agreements. Tis was a huge increase on the four-week wait time experienced at the beginning of March 2019
beginning of the pandemic, there’s been a surge in applications from professionals seeking to make use of these online facilities and avoid lengthy wait times. Caroline Burstein, a divorce
CAROLINE BURSTEIN / DIVORCE SOLICITOR AT THACKRAY WILLIAMS LLP
Te HMCTS reform programme has invested nearly £1bn to transform and modernise the court system. Part of this programme has seen the introduction of a digital divorce project, which enables parties and solicitors
to make applications
online rather than filling out forms then sending them by post. Since the
solicitor at Tackray Williams LLP, reports: “Tere’s been a huge improvement in turnaround times. We’re finding that applications for divorce are being issued in around 10 days and applications for finan- cial agreements are taking around four weeks. Te final application for decree absolute is usually turned around on the same day. Tis really helps reduce the stress experienced by people at what’s already a very difficult time in their life.” From 13 September 2021, it will
become compulsory for legal repre- sentatives to use the digital service for all divorce applications. It will, however, still be possible to submit a paper-based application if you don’t
have a solicitor or if you’re applying for a financial agreement. Paper-based applications for
divorce are met with an automated response from the court — ‘Due to Covid-19, we might take longer to answer your email. We’re sorry but we can’t provide updates on how your case is progressing.’ Te new online system allows users to track their case and provides reassurance that the paperwork has been safely received by the court and hasn’t been lost or delayed. Family law is also due to experi-
ence another huge development. Te ‘no-fault divorce’ is due to be intro- duced in spring 2022. Rather than citing adultery or unreasonable behaviour, or alternatively waiting for at least two years’ separation, the court will now accept a brief statement
from one party simply
explaining why they feel the marriage has irretrievably broken down.
Te new online system allows users to track their case and provides reassurance that the paperwork has been safely received by the court and hasn’t been lost or delayed
Tere will be no option to defend or contest the divorce. Divorcing couples will even be able to submit a joint application together. Archaic Latin phrases such as ‘decree nisi’ and ‘decree absolute’ will be replaced by far more relatable terms such as ‘conditional order’ and ‘final order’. Te new system also applies to the dissolution of civil partnerships. Caroline concludes: “Tis is a
very welcome change indeed. It should really take the sting out of those initial conversations about formalising parties’ separation and allow them to focus on consider- ably more important matters, such as co-parenting and reaching a financial agreement.”
Caroline Burstein is a qualified solicitor who deals with all types of family
law cases and complex divorce proceedings. Caroline is available for a free confidential consultation or advice. Call on 020 8290 0440 or email
caroline.burstein@thackraywilliams.com
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