The Divorce, Dissolution and Separation Act 2020, that recently came into force on 06 April 2022, reformed the area of divorce. It removed the concept of fault and allows couples to make joint applications to end the marriage. This newly created ‘no-fault divorce’ has created a new approach to divorce proceedings and potentially litigation as a whole. The ‘one lawyer divorce’.
‘No-fault divorce’ illustrates the developed understanding that many divorces are not approached by bitter parties with malintent for the other and, as such, do not have to develop into conflict. For happy clients whose only intention is getting a fair settlement the ‘one lawyer divorce’ is a cheaper and, as it removes the risks of going to court, a more certain option.
It is, also, a benefit to law firms who gain greater profit by doubling their client base. Before the firm can reap the rewards of representing both clients, they must ensure the model they set up is compliant with current regulations. Especially, the SRA rules that prevents solicitors from acting if there is an own-interest conflict or a significant risk of one and to always act in the best interest of your client.
The ‘one lawyer divorce’ raises questions for the development of dispute resolution as a whole. If an emotional procedure like divorce can be amicably worked through, to find a fair resolution; why could other civil justice matters not?
For further information on this topic or on any other legal area, please contact John Szepietowski or Kay Stewart at Audley Chaucer Solicitors on 01372 303444 or email email@example.com or visit our Linkedin page.
This information was correct as at July 2022