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A long-awaited change to the law governing divorce and dissolution of civil partnerships in England and Wales will at last come into force on 6th April 2022, ministers have announced today. The Divorce, Dissolution and Separation Act received royal assent on 25 June 2020 and became law but has yet to be fully implemented by the Government. The Act will introduce a number of reforms to current divorce law, most notably allowing for a ‘no-fault’ divorce. In practice, this will remove the need for a party applying for a divorce to rely on the conduct of the other person under one of a number of grounds in order to show that the marriage has broken down. Once implemented, the reforms will allow for any party seeking a divorce to simply file a statement confirming that the marriage has irretrievably broken down. The other party in the marriage will not be able to contest the divorce once this statement is filed.
It is hoped that once these reforms are implemented, the divorce process will become quicker, simpler, and less immediately stressful for separating couples. The changes have long been campaigned for by family practitioners, as it is hoped that by removing the need to show fault on the part of the other party, both individuals can instead choose to focus on the important issues that come with the end of a marriage. In most circumstances, the issues of finances and arrangements for the children of the marriage will be at the forefront of people’s minds. By removing one layer of conflict from the situation, these reforms will hopefully allow for divorcing couples to be better placed to negotiate where appropriate and come to a swifter resolution for the benefit of both themselves and their children.
These reforms are the biggest shake-up of the divorce procedure in decades, and the delay in implementation has been caused part by the need to make sweeping changes to court forms, application processes and guidelines for family lawyers. However, the Government have now committed to an implementation date of April 6th 2021. Before then, couples wishing to divorce will need to continue to apply under the current law and procedure.
If you are looking for any further information or specific advice in respect of a divorce, the specialist family law team at Burd Ward are here to help. We offer advice in respect of all elements of family law ranging from divorce and finances to arrangements for children. For all new enquiries, please contact 0151 639 8273 or email info@burdward.co.uk
The announcement this week that Bill and Melinda Gates are to divorce after 27 years of marriage has made headlines globally. With an estimated combined worth of $130.5b, the couple’s separation looks set to be the most expensive in history, and may have lasting implications for the future of Microsoft and the extensive charity work undertaken by the Gates’ foundation. Whilst most of us will never experience anything close to the wealth this couple possesses, there are some general points we can all take away from the announcement.
One trend that the Gates’ announcement has highlighted is the increase in couples aged 60 and over choosing to separate, which has been noted in both the UK and the USA. The Office for National Statistics reports that between 2005 and 2015, the number of male divorcees rose by 23 percent, and by 38 percent for women. Perhaps unsurprisingly, the ONS also reports that remarriages for over 65s also rose dramatically between 2007 and 2017. This trend raises the importance of careful pension planning, and is likely to mean that solicitors are faced with more complex cases as a result of lengthier marriages ,where the prospect of a pension sharing order or other direction from the court looms large.
The Gates’ divorce is likely to be extremely complex, owing to the vast sums involved and the length of the couple’s marriage. If nothing else, the case will highlight the need for any party to a divorce to have a solid understanding of their own finances, their earning capacity now and in the future, and any other non-financial contributions they may have made to the marriage. Having this knowledge is important before entering into any financial negotiation with the ex-spouse, or in court proceedings should negotiations be unsuccessful. Seeking advice as early as possible from an experienced solicitor is crucial to beginning the process on the right footing.
Burd Ward’s Family Law team offer a sensitive, thoughtful and comprehensive approach to matrimonial issues. They are happy to advise and represent clients in respect of divorce, finances, and any issues relating to children. Contact our team for more details.
The law and procedure of personal injury and in particular claims for ‘whiplash’ injuries caused in road traffic accidents will undergo a seismic change from the 31st May 2021. For accidents which occur after this date the vast majority of these claims will be dealt with by the injured person via the new small claims portal.
The Government have introduced a number of changes which will come into force from the 31st May 2021 which will alter the way personal injury claims are dealt with in a large number of cases. The major changes are as follows:
The detail for the procedure to follow for claimants can be found in “the RTA Small Claims Protocolâ€.
The new system for ‘whiplash’ claims will apply to non-protected adults who suffer whiplash injuries whilst in a vehicle from the 31st May 2021.
The new system will not apply in the following situations:
Set out below is the tariff system which will come into force from the 31st May 2021.
The first column represents the award for a physical injury alone and the second column represents the award for a physical injury accompanied by a minor psychological injury.
Only if a claimants injury falls within the definition of ‘whiplash’ will the new system be of relevance. If you suffer injuries outside of this definition then the old regime will apply and I would invite you to contact us for advice and assistance.
The Civil Liability Act 2018 defines whiplash as follows:
If you have been involved in a road traffic accident and feel that you fall outside the scope of the new regime then please contact one of our personal injury experts, Michael Ward or Matthew Barlow by email or call us on 0151 639 8273.
The beginning of a New Year is the best time to de-stress, de-clutter and get your personal affairs in order for the year ahead.
Now that we are all spending more time at home, it is a good opportunity to get round to ticking some things off your life admin list. One thing most people plan to do is put their affairs in order but often this is pushed to the bottom of the list. Why not use this time to organise your legal arrangements for the future?
This could include:
We have facilities in place to ensure we are able to assist you with all of the above despite the current crisis. We also continue to offer advice in relation to family law; employment law; personal injury; conveyancing and advice for businesses.
Call us on 0151 639 8273 for more information. We are here to help.
The process of dealing with someone’s estate can be daunting and involve a lot of complicated legal, tax and financial work.
The first step to be undertaken is to identify the deceased’s assets and liabilities and value the same as at the date of death.
Once this has been done, the correct inheritance tax form needs to be completed and any inheritance tax paid, if applicable, to HM Revenue & Customs.
An application is then made to the Probate Registry for the Grant of Representation. This is called a Grant of Probate if there is a valid Will appointing executors or a Grant of Letters of Administration if the deceased died without making a Will.
The Grant gives authority to deal with the collection of the deceased’s assets from which the liabilities must then be paid.
The deceased’s income tax affairs also need to be finalised with HM Revenue & Customs.
Once all of this has been done, estate accounts are then prepared, showing all of the assets and liabilities, together with the amounts due to the beneficiaries. One these have been approved, the monies due can be distributed to the beneficiaries.
Many people find it helpful to instruct a solicitor to deal with the administration of an estate on their behalf. They have peace of mind knowing that the estate is being administered correctly and saves stress at what is often an upsetting time.
If we at Burd Ward Solicitors can assist in dealing with the administration of an estate, please do not hesitate to contact us.
In a highly publicised case, the Courts recently ruled that a 68 year old woman must remain married to her husband. Mr and Mrs Owens separated in 2015 and the wife issued proceedings based upon her husband’s unreasonable behaviour. The Court however felt that her reasons were “flimsy†and refused her application. The wife appealed, firstly to the Court of Appeal and then to the Supreme Court. They both held that the Judge was right to refuse the application but stated their unease at the situation. The Court of Appeal called for the introduction of no-fault divorces. As it stands, the wife now must wait until she has been separated from her husband for 5 years in order to petition without his consent.
We often see clients who have been separated less than a year who want to get divorced but they cannot find a suitable fact to rely upon. There may have been no adultery or unreasonable behaviour and the couple have simply drifted apart. In those circumstances they have to wait until they have been separated for two years (if both parties agree to the divorce) or five years if their spouse won’t agree. A recent survey found that 3 out of every 10 couples “bent the truth†about adultery or unreasonable behaviour in order to ensure their petition was accepted by the Court. More than a third said having to apportion blame in the petition increased their anguish at what is already a very difficult time.
At Burd Ward we are committed to helping you navigate a relationship breakdown in a sensitive manner. Whilst there is not yet a “no fault†divorce, our specialists can advise you on the law as it stands and guide you through all aspects of a separation.
If you are considering separating or starting divorce proceedings, it is well worth taking legal advice before you take any steps. We offer a fixed fee of £350 + VAT and disbursements for handling your divorce. There is a Court fee of £550 to pay however depending on your income you may be eligible for some relief from this. We can assist you to fill in a fee remission form which can be sent to the Court who will then assess whether you have to pay all, some or none of the Court fee.
Using a solicitor to handle your divorce gives you peace of mind to ensure that your divorce progresses as smoothly as possible. There are often issues around finances and children upon separation and our experienced family team and are able to advise and represent you through those aspects of a separation.
If you would like more information regarding divorce proceedings please contact Laura Prysor-Jones on 0151 639 8273.
Shoe Be Doo is back for 2018. This year we hope to make the campaign bigger and better than ever. In previous years, Shoe be Doo has been a huge success and thanks to the children and parents of The Prep hundreds of families on the Wirral have benefited from receiving the school shoes and other items of uniform.
Many families across Wirral are struggling to provide some of life’s every day essentials for their families. Expensive items such as school uniform and shoes can be particularly hard to budget for in families surviving on a low income.
The Shoe Be Doo Campaign is aimed to help those families, living locally to you, who are struggling.
For more information check out the Shoe-be-doo campaign page.
Burd Ward Solicitors are happy to announce that Laura Prysor-Jones has been appointed a Director of the firm from January 2018.
She will be joining the existing management team of John Burd, Michael Ward and Victoria Syvret as the firm looks forward to the new year and beyond.
Laura joined Burd Ward in January 2010 as a member of the family law department and deals with a range of family work including children matters, divorce and domestic violence and also wills.
The Government has recently stated it has no plans to introduce a “no fault†divorce, despite lots of public pressure to change the Law. Many clients are surprised to learn that it is not as simple as asking for a divorce and being granted one. There is only one ground for divorce which is that the marriage has broken down irretrievably. You are then required to rely upon one of five facts in support, namely adultery, unreasonable behaviour, desertion, two years separation with consent or five years separation. In the case of civil partnerships, adultery isn’t available as a fact to rely upon.
We often see clients who have been separated and who want to get divorced but they cannot find a suitable fact to rely upon. There may have been no adultery or unreasonable behaviour and the couple have simply drifted apart. In those circumstances they have to wait until they have been separated for two years (if both parties agree to the divorce) or five years if their spouse won’t agree. This can be frustrating for clients. So why does the Government not introduce a “no fault†divorce?
The Government has said that they have no current plans to change the laws around divorce but they are looking at ways in which the family justice system can be improved. Resolution, an organisation promoting the resolution of family matters in an amicable way, has conducted research of its members which shows that 9 out of 10 family law solicitors support a no fault divorce. The Burd Ward family team are members of Resolution and we also support a no fault divorce being introduced. It is frustrating that at present there doesn’t appear to be any changes to divorce law on the horizon. Whilst Divorce isn’t something that should be entered into lightly, sometimes when couples have decided that they need to separate and want to do it amicably, it is unfortunate that they have to list their grounds for Divorce on paper. It would help separating couples deal with matters much more amicably if they were able to agree to a Divorce without having to wait 2 years.
If you are considering separating or starting divorce proceedings, it is well worth taking legal advice before you take any steps. At Burd Ward we offer a fixed fee of £350 + VAT and disbursements for handling your divorce. There is a Court fee of £550 to pay however depending on your income you may be eligible for some relief from this. We can assist you to fill in a fee remission form which can be sent to the Court who will then assess whether you have to pay all, some or none of the Court fee.
Using a solicitor to handle your divorce gives you peace of mind to ensure that your divorce progresses as smoothly as possible. There are often issues around finances and children upon separation and our experienced family team and are able to advise and represent you through those aspects of a separation. We are committed to trying to help you resolve your divorce amicably where possible, including the issues relating to your children and your finances. Sometimes, an amicable settlement isn’t able to happen and we will provide you with robust legal advice to guide you along the way and to protect your interests. Your case will be directly handled by one of our Solicitors giving you expert advice and guidance throughout.
If you would like more information regarding divorce proceedings please contact our family team of experienced solicitors John Burd, Victoria Syvret and Laura Prysor-Jones on 0151 639 8273 or email lpj@burdward.co.uk.
If you would like some initial guidance and advice regarding divorce or any other family matter, we offer an initial consultation with our solicitors for £60. Contact the office to make an appointment.