The Cake - Spring 2022
A slice of Cranbrook and Sissinghurst life A slice of Cranbrook and Sissinghurst life
Now only £895 for a fully fitted electric garage door. WAS £1,354 INCLUDING VAT. Gotta get a Garolla. WHAT’S INCLUDED WITH EVERY DOOR: • FREE EXPERT MEASURING & FITTING • 2 REMOTE CONTROLS • ACOUSTIC & THERMAL INSULATION • FREE DISPOSAL OF YOUR OLD DOOR • AVAILABLE IN 21 COLOURS Garolla garage doors are expertly made to measure in our own UK factories, they’re strong and solidly built. The electric Garolla door rolls up vertically, taking up only 8 inches inside your garage, maximising valuable space. Our experienced installers will fit your new door and they’ll take away the old one too, so there’s no mess. Give us a call today and we’ll come and measure up completely FREE of charge. CALL US TODAY ON: 01892 640 176 MOBILE: 07537 149 128 *Offer valid for openings up to 2.6m wide & including 2 remote controls, 55mm white slats, internal manual override. 38 The Cake • Spring 2022
LEGAL ADVICE Ask our Friendly Experts No fault divorce, what does this mean for me? For many years complainers have argued that divorcing couples should be able to divorce without apportioning blame. Resolution, the body of family lawyers committed to resolving family dispute in an amicable way, have championed for a long time for there to be no fault divorce. The government has decided this is the right way forward and the approach was made law by the Divorce, Dissolution and Separation Act 2020. Whilst it was thought the new arrangements would come into practice this autumn it is now understood no fault divorce will start on 6 April 2022. The benefits of the new system are that you will no longer need to find a reason to divorce your spouse, and this will remove the need for there to be “blame” but that the divorce process will start on the sole ground of irretrievable breakdown. It’s a commonly held misconception that if one party is seen to have behaved badly in the marriage that this will affect the resolution of the finances, but this is in fact rarely the case. It is fair to say “conduct” will only be taken into account by the Court in a very small number of cases. Removing blame perhaps removes the need one party might feel to focus on the future in a more positive way rather than be backwards looking. If the couple are agreed they can present a joint application, which may be seen by many to be a fairer approach. Even where there is not agreement one party can apply but the other will not be able to stand in their way and try to prevent the divorce as may have occurred in the past. This means that the new process will be more certain and straight forward for both parties. There will be new terminology: • The Petitioner will become the Applicant • The Decree Nisi will be replaced by the Conditional Order • The Decree Absolute will become the Final Order. The timetable for the divorce will also change in that there will be a six month “cooling off” period between the date the proceedings are started and the grant of the Conditional Order. The idea behind this is to allow the parties time to: • Reflect on the marriage and whether it can be repaired • Agree a financial settlement • Sort out arrangements for children. There will still be a period of six weeks between the Conditional Order and applying for the Final Order which will dissolve the marriage. I AM CONSIDERING A DIVORCE NOW, SHOULD I WAIT UNTIL APRIL 2022? There really is no need to wait as in most cases, even now, and particularly with online applications the process is straight forward. Moreover, under the current system there is no lengthy cooling off period. Once the Decree Nisi is granted the Petitioner can apply for the Decree Absolute six weeks thereafter, albeit there may be reasons why your solicitor may suggest you wait. However, if you think your spouse will try to contest the proceedings or you do not have a reason to start the proceedings now (adultery, behaviour etc.) and would otherwise have to wait two or five years then it might be advisable to wait until the new law comes into effect. MARGARET SCULPHER Associate Solicitor Margaret Sculpher at our Cranbrook office is happy to help. She offers 30 minute no obligation, confidential, initial meetings – please do email her to make enquiries. As a collaborative lawyer and member of Resolution, Margaret will ensure your matter is handled in a caring and sensitive way, offering sensible practical advice. T: 01892 502354 or E: msculpher@ bussmurton.co.uk – quote ‘Cake Magazine’ Clermont House, High Street, Cranbrook, TN17 3DN 01580 712 215 or info@bussmurton.co.uk www.bussmurton.co.uk The Cake • Spring 2022 39
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LEGAL ADVICE<br />
Ask our<br />
Friendly Experts<br />
No fault divorce, what does this mean for me?<br />
For many years complainers have<br />
argued that divorcing couples<br />
should be able to divorce without<br />
apportioning blame. Resolution,<br />
the body of family lawyers<br />
committed to resolving family dispute in an<br />
amicable way, have championed for a long<br />
time for there to be no fault divorce. <strong>The</strong><br />
government has decided this is the right way<br />
forward and the approach was made law by<br />
the Divorce, Dissolution and Separation Act<br />
2020.<br />
Whilst it was thought the new<br />
arrangements would come into practice this<br />
autumn it is now understood no fault divorce<br />
will start on 6 April <strong>2022</strong>.<br />
<strong>The</strong> benefits of the new system are that<br />
you will no longer need to find a reason to<br />
divorce your spouse, and this will remove<br />
the need for there to be “blame” but that the<br />
divorce process will start on the sole ground<br />
of irretrievable breakdown.<br />
It’s a commonly held misconception that<br />
if one party is seen to have behaved badly<br />
in the marriage that this will affect the<br />
resolution of the finances, but this is in fact<br />
rarely the case. It is fair to say “conduct” will<br />
only be taken into account by the Court in a<br />
very small number of cases. Removing blame<br />
perhaps removes the need one party might<br />
feel to focus on the future in a more positive<br />
way rather than be backwards looking.<br />
If the couple are agreed they can present<br />
a joint application, which may be seen by<br />
many to be a fairer approach. Even where<br />
there is not agreement one party can apply<br />
but the other will not be able to stand in<br />
their way and try to prevent the divorce as<br />
may have occurred in the past. This means<br />
that the new process will be more certain and<br />
straight forward for both parties.<br />
<strong>The</strong>re will be new terminology:<br />
• <strong>The</strong> Petitioner will become the Applicant<br />
• <strong>The</strong> Decree Nisi will be replaced by the<br />
Conditional Order<br />
• <strong>The</strong> Decree Absolute will become the Final<br />
Order.<br />
<strong>The</strong> timetable for the divorce will also<br />
change in that there will be a six month<br />
“cooling off” period between the date the<br />
proceedings are started and the grant of the<br />
Conditional Order. <strong>The</strong> idea behind this is to<br />
allow the parties time to:<br />
• Reflect on the marriage and whether it can<br />
be repaired<br />
• Agree a financial settlement<br />
• Sort out arrangements for children.<br />
<strong>The</strong>re will still be a period of six weeks<br />
between the Conditional Order and applying<br />
for the Final Order which will dissolve the<br />
marriage.<br />
I AM CONSIDERING A DIVORCE NOW,<br />
SHOULD I WAIT UNTIL APRIL <strong>2022</strong>?<br />
<strong>The</strong>re really is no need to wait as in most<br />
cases, even now, and particularly with online<br />
applications the process is straight forward.<br />
Moreover, under the current system there<br />
is no lengthy cooling off period. Once the<br />
Decree Nisi is granted the Petitioner can<br />
apply for the Decree Absolute six weeks<br />
thereafter, albeit there may be reasons why<br />
your solicitor may suggest you wait.<br />
However, if you think your spouse will<br />
try to contest the proceedings or you do<br />
not have a reason to start the proceedings<br />
now (adultery, behaviour etc.) and would<br />
otherwise have to wait two or five years then<br />
it might be advisable to wait until the new<br />
law comes into effect.<br />
MARGARET SCULPHER<br />
Associate Solicitor<br />
Margaret Sculpher at<br />
our Cranbrook office<br />
is happy to help. She<br />
offers 30 minute no<br />
obligation, confidential,<br />
initial meetings – please<br />
do email her to make enquiries. As a<br />
collaborative lawyer and member of<br />
Resolution, Margaret will ensure your<br />
matter is handled in a caring and sensitive<br />
way, offering sensible practical advice.<br />
T: 01892 502354 or E: msculpher@<br />
bussmurton.co.uk – quote ‘<strong>Cake</strong> Magazine’<br />
Clermont House, High Street,<br />
Cranbrook, TN17 3DN<br />
01580 712 215 or info@bussmurton.co.uk<br />
www.bussmurton.co.uk<br />
<strong>The</strong> <strong>Cake</strong> • <strong>Spring</strong> <strong>2022</strong> 39