On the 6th of April 2022 divorce law in England and Wales changed forever. Gone was the necessity to attribute blame for the breakdown of the marriage, and in came a modern no-fault divorce system.
It was the most radical change to divorce law in England and Wales since the civil courts were first able to grant divorces in 1858.
Two years on, we look at the effect of the change.
In particular, we ask four questions: Has no-fault divorce led to more couples getting divorced? How has the new possibility of couples jointly applying for the divorce worked out? Has the removal of fault from divorce led to more couples settling matters relating to children and finances by agreement? And: Has it led to fewer couples getting married?
A major objection to the introduction of no-fault divorce was that it would make divorce easier and therefore lead to a flood of couples getting divorced rather than trying to save their marriages, and a permanent increase in the divorce rate.
During the legislation process in the Lords, the Bishop of Carlisle voiced a typical concern, stating:
“Reducing divorce to a statement made by one party that the marriage has broken down undermines the seriousness with which marriage and divorce are regarded … What is more, studies suggest that making divorce quicker and easier will significantly increase the already high divorce rate, with all the implications that has both for human misery and financial cost.”
So have these fears materialised?
To answer this we will look at the latest available statistics for the Family Court (the latest divorce statistics are for 2022, and therefore do not cover a full year under the new regime). The statistics cover the quarter October to December 2023, but also include earlier figures.
The statistics show that there were 23,517 divorce and civil partnership dissolution applications in that quarter, which was actually down from the same quarter in the previous year, when the figure was 25,636.
And the figures for 2021, the last full year under the old divorce regime, were actually pretty similar to the figures for 2023.
In short, there seems to be no evidence yet that no-fault divorce has led to more couples getting divorced.
The new system of no-fault divorce introduced for the first time the possibility of a couple jointly applying for the divorce.
It was hoped that a large proportion of divorcing couples would make joint applications, thereby making divorce more amicable.
So how many couples have chosen this route?
The latest Family Court statistics show that in the quarter October to December 2023 25% of divorce applications were made jointly.
This may be rather lower than some had hoped, but it is not an unreasonable ‘return’, and it may yet be that more applications will be made jointly in future, as the possibility becomes more widely known.
One of the biggest arguments in favour of no-fault divorce was that it would reduce animosity between divorcing couples, by removing the need for one party to blame the other for the breakdown of the marriage. This, it was hoped, would lead to more couples settling arrangements for children and finances by agreement, rather than having to go through contested court proceedings.
Has this hope been realised?
Once again we will look to the Family Court statistics for the answer.
As to court applications relating to children, 54,652 were made in 2021, the last full year of the old divorce regime, whereas in 2023 this dropped to 50,789.
But as to financial remedies, there were 12,446 contested applications in 2021, compared to 12,910 in 2023.
So the answer thus far is somewhat inconclusive.
Another fear of the opponents of no-fault divorce was that it would undermine the institution of marriage, thereby leading to fewer couples getting married, and more couples choosing simply to cohabit, which it is feared is a less secure form of relationship, particularly for any children.
This comment of Fiona Bruce MP when the new legislation was debated in the House of Commons is typical. She said:
“People will marry less due to the low expectation of permanence in marriage, and they will cohabit more as the distinction between the two is eroded and what marriage really means becomes confused: no longer “till death us do part”, but “until I give you six months’ notice to quit, with no reason given.””
Unfortunately, we will have to wait to see whether Mrs Bruce’s fears will be borne out, as statistics for marriages in England and Wales since April 2022 are not yet available.
The latest published marriage statistics are for 2020, and they showed that the number of marriages that year was the lowest on record since 1838. Marriage appears to already be in decline, and whether no-fault divorce has hastened the decline, only time will tell.
Walker Family Law is an award-winning family law practice, recognised as one of the leading family law firms in the South West of England with services covering family law & mediation, divorce law, child-law and arbitration.
Please contact us if you require any further information.
For more information about divorce and separation and how we can help, see this page.
Domestic abuse can obviously be exacerbated by the fact that the parties are both still living in the same home. The law therefore enables the court to make an order regulating who may live in the family home. This is called an ‘occupation order’.
In most situations a victim of abuse can apply to the court for an occupation order, but just what can an occupation order do, and how will the court decide whether to make one?
Exactly what an occupation order can do will depend upon the circumstances of the case, such as whether the parties are married, and whether the home is owned or rented.
However, whatever the circumstances there are basically four things that an occupation order can do:
1. Require the other party to allow the applicant back into the property, or part of the property. Obviously, this can be used where the applicant has been forced to leave the property due to the other party’s abuse.
2. Regulate the occupation of the property by either or both of the parties, for example by stating which parts of the property each party may occupy, where the accommodation at the property is such as to allow the parties to live separately within it.
3. Require the respondent to leave the property, or part of the property. The order may specify that the respondent can return to the property for certain defined purposes, such as collecting and returning children for contact.
4. Exclude the respondent from a defined area around the property.
The order may also prohibit the other party from obstructing or interfering with the applicant’s occupation of the property.
In addition it may include provisions for such things as who should maintain the property, who should pay the mortgage/rent/other outgoings, who can keep and use the furniture, and so on.
Exceptionally, an occupation order can be made without giving notice to the other party. However, the court will fix a hearing date and the other party can oppose the continuation of the order at that hearing.
Lastly, the order will state how long it is to last. Exactly how long it can last will depend upon the circumstances of the case.
The specific factors that the court is required to take into account before deciding whether to make an occupation order will again depend upon the circumstances of the case.
However, in general the court will consider all of the circumstances of the case, and in particular:
1. The housing needs and resources of both of the parties and any children. Clearly, for example, a party looking after children will have greater housing needs than a party not looking after children.
2. The financial resources of both parties – one of the parties may, for example, be in a much better position financially to rehouse themselves.
3. The likely effect any order, or not making an order, will have on the parties and any children. If, for example, the other party has nowhere else to live, then obviously making an occupation order requiring them to leave the home and therefore making them homeless will be a far more serious matter. On the other hand, if the court considers that the victim and any children may suffer harm by the other party remaining in the property then it will be more likely to order the other party to leave.
4. The conduct of the parties in relation to each other. Obviously, the more serious the abuse by the other party, the more likely it is that the court will order them to leave the home.
If you are the victim of domestic abuse you should seek expert legal advice as soon as possible. We can provide you with that advice.
For more information about our domestic abuse services, and how to get in touch, see this page.
Care proceedings are an extremely daunting prospect for any parent to face. It is therefore important that they understand the court process involved.
Care proceedings will be commenced when the local authority is concerned that a child in its area has suffered, or is at risk of suffering, significant harm attributable to either the care given to the child, or likely to be given to them, not being what it would be reasonable to expect a parent to give them, or to the child being beyond parental control.
Care proceedings are a last resort, pursued only after exhausting efforts to keep the child with their birth family.
A pre-proceedings meeting will usually take place as a final attempt to prevent the matter going to court. Parents will receive a letter from the council before the meeting, outlining concerns and inviting attendance. The council will clearly communicate parental expectations regarding their child. Failure to meet these may lead to care proceedings
Once the proceedings have been issued the exact procedure will vary from case to case, depending upon the circumstances. However, the basic procedure takes place in three stages: the Case Management Hearing, the Issues Resolution Hearing, and the Final Hearing.
The Case Management Hearing is usually the first hearing that takes place, fixed when the proceedings are issued. The hearing is typically brief, with the court providing directions for the next steps.
In order to decide what should happen next the court will review the council’s application and its plans for the child (set out in a ‘care plan’), identify the main issues in the case, and what evidence will be required to enable the court to resolve those issues.
Evidence will comprise written statements from parents expressing their views and any necessary expert reports filed. The court may also want other family members to be assessed as potential carers for the child.
A timetable for that evidence, and for next stages in the case, will then be set by the court. The court will usually want the case to be completed within 26 weeks, although this deadline can be extended.
The purpose of the Issues Resolution Hearing is to see whether everyone involved is able to agree upon long-term plans for the child, including where the child should live and what contact anyone should have with them.
If agreement is reached, then this might be the final hearing.
If no agreement can be reached, the hearing identifies and narrows issues for the Final Hearing. The court will also fix a date for the Final Hearing.
At the final hearing, which will usually take place over several days, the court will hear (or read) all of the evidence, and make its final decisions.
The decisions that the court will make will be about the long-term care arrangements for the child, what contact the child should have with anyone, such as parents or other family members, and what orders, if any, are needed to put those arrangements in place.
The orders that the court can make include: a care order placing the child in the care of the local authority; a supervision order placing the child under the supervision of the local authority (the child will usually remain with the family); a special guardianship order placing the child with someone other than their parents; and a placement order authorising the local authority to place the child for adoption.
For more information about care proceedings and how we can help, see this page.
Walker Family Law, a prominent family law firm in the Southwest, is thrilled to announce its rebrand, coinciding with the celebration of being in business for 10 years.
This rebrand reflects not only the firm’s commitment to innovation but also underscores its remarkable journey of providing innovative legal services to families navigating life-changing challenges.
Over the past decade, Walker Family Law – formerly Ian Walker Family Law and Mediation Solicitors – has been a trusted legal partner, offering expert guidance and support in divorce and separation, unmarried couples, children arrangements, domestic abuse, international child abduction, children and social services, and a spectrum of family law services. During this time, the firm has not only built a strong reputation but has also established a legacy of making a meaningful difference in the lives of families.
As part of the rebrand, Walker Family Law has introduced its new name, logo and website, all of which encapsulate the firms ethos: Resolution at Heart. This represents a significant milestone in the firm’s history, symbolising its ongoing dedication to providing compassionate, pioneering, and effective legal solutions.
With deep roots in the Southwest, the company opted to keep the rebranding local, enlisting the expertise of award-winning Exeter-based digital marketing agency, Optix Solutions to craft a fresh visual identity, website, and aligned digital marketing strategy
The official launch of Walker Family Law took place on November 8 at Exeter Golf and Country Club. The event brought together a diverse group of professionals, clients and partners who have played a pivotal role in the firm’s success over the past decade.
Kirsten Clarke, Business Development Manager at Walker Family Law, expressed her excitement about the rebrand. “Our journey has been marked by our clients’ stories and their trust in us during their most difficult times. This rebrand represents our unwavering dedication to making a real difference, with the core values of our firm at its heart.”
Walker Family Law’s 10th anniversary celebration and rebranding underscores an impressive period of growth and provision of impactful family law services. “The story is not just about a name change; it is about reaffirming our commitment to going above and beyond for our clients.”
Kirsten Clarke
Business Development Manager
Email: [email protected]
01392 248113
Walker Family Law are a progressive family law firm based in Devon, with leading divorce and children solicitors and dispute resolution specialists. With a 10 year legacy of excellence, the firm is dedicated to putting Resolution at Heart and assist clients with divorce and separation, finance, pre-nuptial agreements, cohabitation, child arrangements and social service cases as well as adoption, LGBT + Family Law, Family Mediation and Civil Mediation, Arbitration and Collaborative Family Law.
Their main offices are based in Exeter and they have satellite offices based across the Southwest. Walker Family Law are one of the largest and most experienced family law practices in the Southwest.
Ian Walker Family Law and Mediation Solicitors are now also Family Law Solicitors in Torquay
The last 18 months has been an exceptional period for Ian Walker Family Law and Mediation Solicitors.
In this period, we have:
Whilst less visible, we have made changes to our website and to our procedures so that we have improved out transparency about legal pricing/charges and our systems to provide and outstanding service to our clients.
As part of these changes we have incorporated innovative technology into our website to assist new clients to better engage with us and to improve what we are able to provide at initial meeting. We have also introduced a pay as you go and wider fixed fee service.
The final step in this period of growth is the opening of our Torquay Family Law Office on the 03 June 2019.
Our Torquay Family Law Office is conveniently located in Lymington Road, at the Torquay Business Centre.
We selected this as a location because it is easily accessible from all parts of Torquay. Torquay Business Centre is a relatively short distance from Torquay County Court. It is also reasonably convenient for Torbay Council social services meetings at Union House.
We also have the benefit of being able to offer free parking (subject to availability and normally pre-booking) and good disabled access.
Our Torquay solicitors team will be led by Nicole Phare.
Nicole qualified as a specialist family law solicitor in 2005 and specialises in both children law and divorce.
Nicole enjoyed a long career in family law before qualifying as a solicitor and most of her career has been spent working for different practices in Torbay
Nicole will be supported in building our Torquay family law solicitors office by our director Ian Walker and highly experienced solicitors David Howell-Richardson and Sandy Powell.
Both Ian and Sandy have had careers which have included working for South Devon/Torquay practices and between us, we have assisted many Torbay families over the years.
We are conscious that over the years the number of solicitors firms who undertake complex children work in Torquay has significantly reduced.
Before we opened our Torquay solicitors office there were only two firms of solicitors with offices in Torquay which included members of the Law Society Children Panel and which still offer a legally aided service.
By opening an office in Torquay we have taken this number up to 3.
From our Torquay family law solicitors office we will be assisting clients both with children law and divorce.
We are a team of specialist divorce lawyers in Torquay. We will be offering a divorce service from our Torquay family law office.
At Ian Walker Family Law and Mediation Solicitors we are committed members of the family law solicitors organisation Resolution. Ian Walker is now in his third (three year) term as the elected chair of the Devon region of resolution. Ian is also a member of Resolution’s national Dispute Resolution Committee which promotes innovation and best practice in resolving family Law and divorce cases out of court. He has previously served as both a member of the Law Society Family Law Committee and as a trustee of the Family Mediators Association. One of Ian’s achievements was the introduction of collaborative family law in Devon.
We are committed to assisting our divorce clients to resolve their cases in a principled and fair way which focuses on achieving good outcomes but ensures that the needs of the couple’s children are not lost in (often unnecessary) adult disputes.
If you believe we can assist – please do get in touch.
In six and half years we have grown from nothing to being a leading family law solicitors practice and mediation service in the south-west.
We have achieved our growth through the innovative use of technology. Are use of technology is both client facing and also within the platform through which we work. We make good use of cloud technology. We use other innovative software and we subscribe to the best available family law practice support service.
We now have SRA authorised offices in Honiton, Exeter, Torquay and Weston-super-Mare as well as consulting rooms we access in Yeovil and Bridgwater.
Our team consists of both employed solicitors and fee share consultant’s.
Whilst on the one hand we intend to consolidate the advances we have made over the last 18 months, on the other hand, we are always open to new opportunities.
We are therefore ever open to hear from outstanding family lawyers who might be based in Devon and Somerset slightly further afield who are interested in joining an innovative, collegiate, noncorporate but highly professional and expert team. Our team has grown around its people and being open to new opportunities and if you share our vision and would like to join our journey then we would like to hear from you. (Equity opportunities are available). Join our Family Law Solicitors in Torquay.
Leading Exeter Family Law Solicitor and Exeter Divorce Lawyer David Howell-Richardson joins Ian Walker Family Law And Mediation Solicitors – adding to one of the most experienced teams of family Law solicitors and divorce lawyers in Devon and Somerset
David Howell-Richardson has spent many years assisting clients in Exeter and throughout Devon to achieve good outcomes for their divorce and child related problems.
David Howell Richardson qualified as a solicitor in 1978 and as Head of Family Law and partner at Stones Solicitors, Exeter and then Trowers and Hamlins Solicitors, David will have assisted thousands of clients in Exeter and Devon with his child focused but tenacious approach. David has spent many years as a member of the Law Society Children Panel and on the Law Society Family Mediation Panel.
David Howell-Richardson is well known and well liked in the Exeter and Devon family law community. He is an active member of Resolution, which is leading force in the development of good practice for family solicitors and divorce lawyers. David’s reputation and experience assists him in achieving good outcomes for his clients.
Ian Walker Family Law and Mediation Solicitors was founded by leading Devon and Somerset family law solicitor and divorce lawyer Ian Walker in 2013. Ian Walker is the long-standing chair of the Devon region of Resolution and is a former member of the Law Society Family Law Committee and a former trustee of the Family Mediators Association.
It is the mission statement of Ian Walker Family Law and Mediation Solicitors to set standards of excellence in the practice of family Law and mediation. Also, to assist clients to find the best solutions for their family law issues in a way that is child focused, cost effective and as un-traumatic as possible.
An example of the progressive approach of Ian Walker Family Law and Mediation Solicitors is that the practice has always published its charging rates on their website http://ian-walker-family-law.local/payments-2/these charges are consciously lower than comparable city centre practices. However, if clients are concerned for some reason that the law firms in Exeter charging rates are not high enough, there is an ongoing offer in the firm’s fair charging policy http://ian-walker-family-law.local/payments-2/fair-charging-policy/ to price match a more expensive charging rate and donate the difference to a children’s charity.
Ian Walker Family Law and Mediation Solicitors has quickly developed one of the most experienced teams of family Law solicitors and divorce lawyers in Devon and Somerset. In addition to Ian Walker and David-Howell Richardson, two of our other family Law solicitors and divorce lawyers have been partners and head of family law and divorce at their previous Devon practices, namely; Kim Stradling (Everys Solicitors) and Sandy Powell (Dunn and Baker Solicitors).
There are currently 7 specialist family Law solicitors and divorce lawyers in the team at Ian Walker Family Law and Mediation Solicitors, but there are already plans in place which should see this rise to 9 specialist family Law solicitors and divorce lawyers by early 2019. This will make the team one of the largest specialist teams of family Law solicitors and divorce lawyers in Devon and Somerset, assisting clients from its offices and consulting rooms in Exeter, Taunton, Honiton and Yeovil.
The practice has a well-regarded website http://ian-walker-family-law.local/ which includes lots of useful information about family law, child law, divorce, family mediation and family law arbitration. The website includes pages with helpful advice to assist clients to choose their best divorce lawyer http://ian-walker-family-law.local/divorce/best-divorce-lawyer/ and about what to do if social services have concerns about parenting http://ian-walker-family-law.local/what-to-do-if-social-services-have-concerns-about-your-parenting/
David says:
I am delighted to be a member of the family law solicitor and divorce lawyer team at Ian Walker Family Law and Mediation Solicitors. I have known Ian Walker, Kim Stradling and Sandy Powell for many years and they together with their team are excellent family Law solicitors and divorce lawyers. The philosophy behind the firm is about combining best practice, the good use of technology and reasonable charging. I am very pleased to be part of the team and to continue to assist families in Exeter and Devon.
Ian Walker says:
David Howell-Richardson has fitted easily into our team. We are building a leading family law practice to serve clients throughout Devon and Somerset from our offices and consulting rooms in Exeter, Taunton, Honiton and Yeovil. 2018 has been a year of excellent results and of growth for the practice and I am looking forward to further growth in 2019.
Ian Walker – Founder/ Director/ Solicitor/ Mediator/ Arbitrator – Child Law Specialist
I am a Solicitor who has specialised in Child Law since qualification in 1992. I was admitted to the Law Society Children Panel in 1996. My practice has one of the most experienced teams of child law specialist solicitors in the South West.
Over the years I have represented many parents and grandparents in Court Proceedings brought by Social Services. The Court now expects most cases to be finished in 26 weeks or less. This means that the window of time for parents and grandparents to make the right choices so that they will succeed is very small. Good decisions need to be made at the very start of a case.
No Solicitor who represents parents and grandparents in Social Services cases can claim that they have succeeded in keeping children with their parents/grandparents in every case. Sometimes the problems are simply too great to overcome in the timescale of the court process. Sometimes clients are unable to follow our advice or panic and switch off.
We always try hard to make sure that our clients give themselves the best chance of achieving the best realistic outcome and that their case is clearly heard by the Court. Over the years we have helped clients to achieve some excellent outcomes.
Kim Stradling: Child Law Expert
Being taken to Court always involves the risk of a bad outcome. This is because decisions are made by someone else. The best way to succeed is always to avoid ending up in Court in the first place.
There is no substitute to seeking specific advice from an experienced Solicitor. The following is a good place to start:
Sandy Powell Child Law Expert
Be Honest. This might sometimes seem like a bad idea. Surely it’s better to pretend things were not as bad as they were? No. If you are open; show you understand where things have gone wrong, you are well on the way to putting things right. If you lie, chances are you will be found out. You will then be someone who cannot be trusted, and potentially in serious trouble. Often the lie is worse than what is being lied about.
Nicole Phare Child Law Specialist
Don’t be horrible or rude to Social Services. They are doing their job. They are people too. They are motivated to protect children. All you are doing is making things harder for yourself.
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As an experienced family law solicitor I know that the Christmas period is not a happy time for everyone. In the run-up to Christmas we deal with a surge in cases between separated parents who are in dispute about where their children are to spend time.
Some families manage to hold things together over Christmas but the cracks within the relationship are such that as the New Year arrives one will decide that they cannot face another year together.
This explains why Solicitors see an increase in new instructions each January.
Separating in a planned way represents an opportunity to avoid hasty decisions and bad choices.
Before taking any steps on behalf of a client, I would always wish them to be clear that they are certain in any decision to separate. “The grass is not always greener”. On the other hand (more…)
The rate of marriage has increased steadily over the last five years whilst the rate of divorce appears to be steady in the same period. Although over a ten-year period that has been a significant decline in the number of divorces. This is information that can be found in the answers to a Freedom of Information Act request published on the website of the office of National statistics on the 22 September 2014. We have reproduced the questions and answers below in italics but (more…)
In the last of months I have successfully mediated a couple of cases where the answer to this was starkly illustrated.
In the first case, the couple had instructed solicitors from London and the South East. The couple had assets of several million pounds, including a number of properties and other investments. In less than 12 months they had between them accumulated legal costs exceeding £20,000.
In the second case, the couple had significantly less resources, but in a period of six years since separating they had accumulated between them legal costs of in excess of £25,000.
No financial agreement had been reached in either case. No applications had been made to the Court asking for a Financial Orders either. There had been a lot of letters written. Financial documents had been exchanged and in one case there had been a meeting between each client with their Solicitors; but no agreement.
As a solicitor, my philosophy is always to explore whether a case can be resolved quickly and amicably. If this is not possible then an application should be made to the Court. Negotiations can continue, but if there is no agreement, the Court will make a decision. I seek to avoid drift. When the final agreement/order is achieved there is finality and the costs stop.
But Mediation is quicker than a Court process. In the above mediation cases we found a solution to all outstanding issues in two and three joint meetings. All four of my clients were very pleased with the outcomes and these were completed for a fraction of the costs they had already incurred, and for a fraction of their likely costs should be cases have proceeded to Court. (more…)
