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Divorcing couples could be thousands of pounds better off once a new divorce law - which removes the need to attribute blame for the failure of a marriage to one spouse - gets the go-ahead. A 50 year-old divorce law currently forces couples to find fault with each other but family justice professionals and married couples who've experienced a split argue that it exacerbates conflict, rather than protects the institution of marriage. Now legal experts have told This is Money that scrapping the law will not only reduce tensions but could save couples at least £2,000 and up to around £10,000 as they potentially avoid the need to go to court and battle it out for months, if not years.
Tracey Moloney, head of family law at Co-op Legal Services (pictured), explains that divorce costs could range from £1,000 to £10,000 depending on the family's needs and complexities surrounding the breakup, but points out that it's not just legal fees that will put couples under financial strain. 'If ordinarily one party was not in agreement with the divorce proceeding under current law you have to go to court. 'It's safe to say that by going to court you will encounter a barrister, instructing solicitor and time from work so you will look at thousands rather than hundreds [of pounds] and it will vary from couple to couple.'
Daniel Jones, partner and family law specialist, at law firm BLM adds: 'Parties can spend in excess of £2,000 very easily in negotiating the content of a 'blame' divorce petition. 'If a compromise is not agreed then the matter will be listed for a contested hearing at great expense to both parties. 'In addition, on a 'fault petition' the 'offending' party is currently liable to pay the petitioning party's costs.' Last year, 118,000 people petitioned for divorce in England and Wales according to the Ministry of Justice. The new law will come as a relief to couples who have both decided that the marriage has come to an end or who do not wish to apportion blame on each other for the breakdown of the marriage. Jones explains: 'In some cases a party will not agree to a divorce or may not want to apportion blame against their spouse for the breakdown of the marriage.
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