Expert Lawyer Says Legal Reform To Dealing With Financial Issues Is Long Overdue

A leading family lawyer says this week’s third anniversary of no-fault divorce laws is a time to reflect on this landmark shift in legislation and to drive forward with change in other areas such as reducing conflicts in relation to children and financial arrangements.

Clare Wiseman from Irwin Mitchell says while the introduction of no-fault divorce has been instrumental in reducing conflict related to the divorce process itself, the complex issues surrounding children and financial arrangements continue to be areas of high contention.

Expert Opinion

"No-fault divorce legislation, introduced in 2022, has been positive and gone a long way to reducing conflict between couples. Indeed, our own research revealed that amicable separations were as common as hostile ones. Although in theory the new law was supposed enable couples to resolve practical issues more quickly, disputes over financial settlements remain common.

"The Law Commission has reviewed the Matrimonial Causes Act 1973 and found that it promotes disputes and lacks consistency. Although its discretionary framework provides the flexibility needed to address the diverse needs of our clients, we also acknowledge that the process can be challenging, particularly when it comes to children and financial matters leading to calls for clearer guidelines on asset division.” Clare Wiseman, Head of Family Law at Irwin Mitchell

In light of these challenges, Irwin Mitchell continues to champion Non-Court Dispute Resolution (NCDR) methods, including their collaborative law, mediation and private financial dispute resolution (FDR) services, as a positive and constructive approach for clients navigating the complexities of a marriage breakdown. Mediation offers a supportive environment where parties can work collaboratively to reach mutually beneficial agreements, reducing the adversarial nature of traditional court proceedings.

Expert Opinion

"We have seen first-hand the benefits of mediation in helping clients achieve amicable resolutions. Our mediation services provide a platform for open communication and cooperation, which is essential for resolving disputes in a less confrontational manner.

"As we look to the future, Irwin Mitchell remains committed to supporting clients through every stage of the divorce process, advocating for reforms that enhance the experience while maintaining the flexibility and fairness that the current system provides." Clare Wiseman, Head of Family Law at Irwin Mitchell 

For more information about our mediation, collaborative law and private FDR services and how we can assist you, please visit our website.