Expert advice can prevent unwanted delays and increased divorce costs

A Cheshire-based family law solicitor believes seeking expert advice is a must during a disputed divorce to avoid unwanted delays and increased costs.

The latest figures from the Office for National Statistics (ONS) revealed that there were 113,505 divorces granted in England and Wales in 2021, up from 103,592 the previous year.

Unreasonable behaviour was the most common motive for females filing for divorce among opposite-sex couples, with that and two-year separation dominating male responses.

Danny Hudson, partner and a member of the family department at Warrington-based Watsons Solicitors, said: “The release of the figures always raises questions and highlights trends that need to be looked into.

“For example, there was a fall in numbers in 2020, so is this as result of a backlog because of the pandemic?

“It seems likely that the length of time people were in lockdown together will have played a role in the divorce figures rising.”

To make the process more straightforward, on 6 April 2022 the Divorce, Dissolution and Separation Act 2020 came into force, marking a fundamental change in the procedure.

The act aims to reduce the potential for conflict amongst divorcing couples by:

• Removing the ability to make allegations about the conduct of a spouse
• Allowing couples to end their marriage jointly

In addition, an introduction of a minimum of 20 weeks between the start of proceedings and application for a conditional order also provides couples with a meaningful period of reflection and the opportunity to either reconsider or cooperate over a plan.

However, things can become more complex if the process does not follow the normal route, with disputing a divorce bringing about additional costs and involving attending court at least once.

Danny said: “Falling outside of the ‘normal’ procedure can be as simple as the other side not agreeing to a divorce or refusing to reply to correspondence.

“Or if the other side do not have a solicitor and must reply by email, for example, but refuse to communicate, a bailiff will serve papers. On a practical level, this means dealing with Bury St Edmunds Regional Divorce Centre.

“Due to underfunding over a number of years, this can see you head into something of a blackhole, which can lead to delays and frustration on top of expenses, such as legal fees.

“This is why, in my opinion, it is important that where there is dispute regarding the divorce proceeding then expert advice should be sought.” 

Watsons Solicitors has the largest family law department in Warrington and is an expert in divorce and matrimonial finance. If you need assistance and guidance, please contact enquiries@watsonssolicitors.com or call 01925 571212.

Watsons Solicitors, which has been established for more than 60 years, specialises in family law, employment law, wills and probate, and conveyancing.

The team of experienced solicitors holds various accreditations and memberships of professional bodies relevant to their expertise, while the firm’s partners oversee all areas of work.