Tracy Cross, family lawyer and mediator at Band Hatton Button, has rejected the idea that no-fault divorces will see a spike in divorce rates, despite the law change making the process less stressful.
She said: “People will divorce in any event if their marriage is over, whatever obstacles are put in their way.
“Many people already deal with their actual divorce online without involving solicitors now and this is likely to continue, particularly with this law change, because no one needs to be at fault and so there will be less dispute.
“Where legal advice will be essential is where there are children’s matters to resolve and also money issues. Divorce can impact on financial matters greatly and so legal advice is very important to ensure that all issues are dealt with properly.
“This doesn’t need to mean more fighting though. Most family lawyers are keen to help people reach agreements and there are processes such as Mediation and the Collaborative process designed to achieve settlement without undue distress, acrimony and costs.
“There has previously been a lot of resistance to introducing no-fault divorces because there is a worry that this will make divorce ‘too easy’. Sadly though, to leave things as they are probably means that many more families are subject to unnecessary distress and emotional hardship as a result of the current state of the law.”