This is the first time in the last 50 years that there are changes that have been brought to the divorce system. The concept of ‘fault’ has been removed and there are chances of facilitating the entire process of a divorce. As per the Government, couples would be spared from playing the blame game and can cut off the unnecessary antagonism that prevents the respective families from moving on.
While it is true that a Columbus divorce attorney can always have your back, you should educate yourself on the changes that are being brought to the divorce laws. Keep reading to know more.
There is no need to prove a ‘fault’
As per the current law, you would have to show a reason behind the breaking down of the marriage. The three reasons you’ll have to choose from are inappropriate behavior, adultery, and desertion. In case you’ve been separated for more than 2 years, you can file for a divorce without any reason. As per the new law, civil partners or married couples won’t have to establish any ‘fault’ for divorcing their spouses. This will also save money on legal arguments.
Couples can apply jointly for a divorce
Couples can show the reason for their divorce as an ‘irretrievable breakdown’ and this is possible as a joint statement. This kind of application can be done online and if one spouse makes it, there won’t be any requirement for the other respondent to cross-apply for the same or defend.
One spouse has the right to oppose the divorce
According to the new changes to the divorce laws, one spouse has the right to oppose the divorce even if the other spouse wants one. The government reveals that the capability of contesting a divorce is used in less than 3% of divorce cases. This change helps domestic abuse victims since previously the abusive spouses would forcefully stop the divorce. However, it has to be pointed out that under the new changes, one can still challenge a divorce case on the basis of jurisdiction, fraud, the legal validity of a marriage, and procedural compliance.
You’ll need to wait for 20 weeks before the order
As per the new law, there is a new minimum time span of 20 weeks between the first application and the conditional order. This clearly means that the divorce will take a minimum of 6 months or even more to complete. The government thinks that this new change would offer couples enough time to reflect and give their marriage a chance. In cases where a divorce is something inevitable, the couples get enough time to plan for their future.
Financial settlements will stay separate
Couples that are on the verge of a divorce will have to organize different other financial settlements in parallel or separate processes. Nevertheless, there have been several concerns that say that a rushed divorce will lead to tougher financial settlements.
So, stay aware of these changes in order to be able to make divorce decisions accordingly.