Posted: Friday, 4 January 2019 @ 13:43
As was picked up in the Telegraph, England and Wales face the prospect of new laws which would enable divorcing couples to draft their own DIY divorce settlements using an approved financial formula without having to fight it in Court. In addition there us the possibility to make prenuptial agreements to binding. The new laws are proposed by the Law Commission which advises the Government.
With respect to divorce, the Law Commission is looking at a system which is similar to Canada, where an online divorce calculator is adopted which takes such factors as the time the parties have been together and the ages of any children.
Let us cut to the nitty gritty, this is going to happen (It may be influenced by the general election on the timing), but it is part of a three fold shift in society and these laws will come into being. The reasons are:
1 The Economic Downturn – Individuals are much less likely to want (OK, they never wanted to) to pay money on lawyers and so they are looking for a cheaper option. They are looking to do the deal themselves if they can with minimal cost and fuss.
2. Emphasis on Clarity – People are not looking for a judge or a lawyer to come up with a solution. They just want an indication of the likely award and the parametres within an agreement can be reached. The current law which was created in another time is out of date when the decision was made by a Judge. This hardly happens now. It is rare to go to Court.
3. The Internet and Technology – The internet has had a profound influence on society with people having significant information online. People are used to asserting their rights and taking more control. People (rightly) do not necessarily want to have their private affairs trawled over by lawyers(and their support staff) or the Courts. Stand by for more kitchen table agreements
.
I do enviseage it being easier to get a divorce and I wonder how many divorce lawyers long term there will be. It will be interesting if there will be more use
of divorce mediation.
Sadly the changes come too late for Victoria Luckwell, 37 daughter of one of Britain’s richest men after her ex husband was awarded a pay out of £1.2 million despite the presence of a prenuptial agreement.