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The following items represent some of the more recent developments
in the law related to divorce and separation.
Child
Support, Pensions and Social Security Act 2000
Under the Child
Support, Pensions and Social Security Act, 2000, from 2002 maintenance
will be calculated according to a set formula. Under Part
1 of Schedule 1 of the Act, absent parents will be required
to pay 15% of their take home pay for one child, 20% for two and
25% for three. There are amendments for factors where both parents
share in the upbringing of the child. The Act also states that any
net weekly income above £2,000 is to be disregarded. There
are penalties for non payment, one of which is disqualification
from driving.
Family
Law Act 1996
The Family Law Act 1996 was intended to revolutionise
the divorce process. It was passed by Parliament in 1996 but, because
of the significant changes it would bring about, it was not expected
to brought into effect until 1999 or 2000. Parts of the Act have
now been introduced, for example the provisions on Domestic Violence,
others shelved indefinitely.
The Family
Law Act 1996 was intended to revolutionise the divorce process.
It was passed by Parliament in 1996 but, because of the significant
changes it would bring about, at the time it was not expected to
brought into effect until 1999 or 2000.
Amongst other things, it was to dispense with the principle of
'fault based divorce' whereby unreasonable behaviour and adultery
were relied upon to obtain the so-called 'quickie divorce'. This
is where the parties do not have to wait two years and rely on either
unreasonable behaviour or adultery. The Act was also to promote
mediation - still an underutilised resource - one of the byproducts
of which would hopefully be to reduce acrimony between the parties.
The new law proposed Information Meetings which would be compulsory
if one spouse opposed the divorce or there were disputes over children
or finance. A Statement of Marital Breakdown could then be prepared
three months after the Meeting. Filing of this Statement at the
Court would then start proceedings. After that there would be a
period for reflection and consideration commencing 14 days after
the Statement was received by the Court and ending 9 months after
that (with limited exceptions). After the period of reflection either
party could then apply for a Divorce or Separation Order, normally
being granted if less than a year had elapsed after the Period of
Reflection has ended and financial matters have been settled.
Unfortunately, the results frm research conducted into Information
Meetings was disappointing this is one of the reasons for the new
legislation now being put back indefinitely. However, Part IV of
the Act covering provisions on Domestic Violence was implemented
in 1997.
For the full text of the Act see the HMSO site - The
Family Law Act 1996. See also the Families
Need Fathers site for information both on the Act and related
topics.
Family
Proceedings (Amendment No. 2) Rules
With effect from 5th June, 2000 important changes were
made in relation to the way Courts deal with financial disputes.
They should reduce delay, facilitate settlements, limit costs incurred
and allow the Court greater and more effective control over the
conduct of proceedings. Further information see the various Forms
and Guidance on the Court Service website.
Welfare
Reform and Pensions Act 1999
The Act introduced the option of pension sharing on divorce
with effect from 1st December, 2000 thereby allowing pension rights
to be treated like other assets transferable from one spouse to
another on settlement. It means pension rights can be transferred
from an existing scheme into a new scheme for the benefit of the
other spouse. For further details see Pension
Sharing and Divorce.
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