Category: Law

Law articles mainly focussed on law and legal matters in England and Wales.

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Family Law Law

Divorce Law

legislation

Divorce law in England and Wales is changing from the 6th April 2022, with the introduction of no fault divorce. This means that couples will be able to get divorced without one person needing to lay blame on the other. This change will also be applied to civil partnership dissolution.

Couples told to be wary of ‘greedy’ lawyers

Here is a breakdown written by Co-op legal services of what the divorce law reforms look like and how no fault divorce will work after these changes have come into effect.

1. Divorce can be granted without one person (spouse) blaming the other

The most important element of no fault divorce is, of course, the removal of fault or blame from the divorce process. Under the new laws, couples will be able to get divorced solely on the basis that the marriage has broken down, without needing to cite one of the 5 reasons for divorce (as is currently required).

This means that if the couple agrees to a divorce and the divorce is amicable or uncontested, there won’t be a requirement for one person to blame the other for the breakdown of the marriage.

2. Couples will be able to apply for divorce jointly

Under current laws, one spouse needs to issue divorce proceedings against the other. The person who starts the divorce is called the petitioner and the other person is called the respondent. Under the no fault divorce system, both people will be able to make the application jointly. 

3. Divorce terminology will be updated

Some of the wording used in the divorce process has been flagged as outdated, so this is being brought up to date. The person applying for the divorce will be called the applicant, instead of the petitioner. The decree nisi will become the conditional order and the decree absolute will be called the final order.

4. There will be a minimum of 20 weeks between the application and conditional order

A minimum timeframe of 20 weeks is being introduced between the application and the conditional order. This timeframe has been introduced to counter concerns that the reforms will make divorce a quicker and easier option for couples than trying to save their marriage. This ‘period of reflection’ will give couples an opportunity to reflect and work through their differences before committing to a divorce.

There will then be a minimum 6 week period between the conditional order and the final order.

Another option for couples is to enter into a separation agreement, which is a written agreement outlining the terms of the separation. A separation agreement will not end the marriage, but it can enable both people to agree on the terms of the separation.

5. It will no longer be possible to contest a divorce

Under the current system, one person submits a divorce petition, citing their spouse’s behaviour or a period of separation as the reason for the divorce, and their spouse can contest this. This is exactly what has happened in the high-profile divorce case of Tini and Hugh Owens. Under the new no fault divorce system, this option will be removed.

Current divorce process in England and Wales

In order to be granted a divorce in England or Wales, the court needs to be convinced that the marriage has irretrievably broken down, to a point where it can’t be saved.

Under current laws, unless a couple lives separately for at least 2 years they can only get a divorce if one person blames the other for this irretrievable breakdown of their marriage, and this must fall into the category of either adultery or unreasonable behaviour.

These blame-based options are two of 5 legally recognised reasons for the breakdown of a marriage under current laws. 

Source: Co-op legal services

Divorce, Dissolution and Separation Act 2020

Divorce-Dissolution-and-Separation-Act-2020Download

The Divorce, Dissolution and Separation Act 2020 (Commencement) Regulations 2022 states :

The-Divorce-Dissolution-and-Separation-Act-2020-Commencement-Regulations-2022Download

“The Divorce, Dissolution and Separation Act 2020 comes into force on 6th April 2022 in so far as it is not already in force.”

The gov.uk website has various help and guidance on Crime, justice and the law.

The Ministry of Injustice is not the Ministry of Justice nor is it affiliated in any way with the justice system, legal profession, police or any other law enforcement agencies.

“Publicity is the very soul of justice. . . . It keeps the judge himself, while trying, under trial….Where there is no publicity there is no justice”

Jeremy Bentham – Mr Justice Cobb: ‘Justice must be seen to be done’

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There are a number of links to Free and Paid For Legal Resources and Legal Organisations on the Free Legal Advice , Legal Aid and Pro Bono pages.

Categories
Free Speech Law Legal Analysis

Can a Woman have a Penis?

A simple question, you might imagine. Activists from three of the largest campaign groups on women’s rights @WomensRightsNet @WomenUnitingUK @SexMattersOrg are urging the public to demand EVERY politician standing in next month’s elections can answer that simple question.

Local elections are happening on 5th May 2022.

“Tell candidates: Respect My Sex If You Want My ‘X’!”

The simple answer to this question is of course YES. It is surprising that the leader of the Labour Party, and now Prime Minister, Sir Keir Starmer was unable to answer such a simple question.

Read more at the Daily Mail

In June 2022 Keir Starmer said on LBC ‘vast majority’ of women ‘don’t have a penis‘ and need safe spaces…..

Sir Keir Starmer – Can a Woman Have a Penis – LBC

The Ministry of Injustice is not the Ministry of Justice nor is it affiliated in any way with the justice system, legal profession, police or any other law enforcement agencies.

“Publicity is the very soul of justice. . . . It keeps the judge himself, while trying, under trial….Where there is no publicity there is no justice”

Jeremy Bentham – Mr Justice Cobb: ‘Justice must be seen to be done’

Latest Articles ↓

Most Popular ↓

You should always seek formal legal advice from a qualified and reputable lawyer (solicitor or barrister).

There are a number of links to Free and Paid For Legal Resources and Legal Organisations on the Free Legal Advice , Legal Aid and Pro Bono pages.

Categories
Law

Freedom of Information Requests (FOI)

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A Freedom of Information (FOI) request in the UK is a right provided by the Freedom of Information Act 2000, which allows members of the public to request access to information held by public authorities.

Impact: FOI requests have led to significant disclosures, influencing public debate, policy-making, and sometimes leading to changes in how public bodies operate due to increased scrutiny.

Purpose: The Act aims to promote transparency and accountability in public bodies by making information more accessible to the public.

Who Can Make a Request: Anyone, whether a UK resident or not, can make an FOI request.

What Can Be Requested: Information can be requested from any public authority, which includes government departments, local authorities, the NHS, schools, and police forces. The information must be recorded in some form (e.g., documents, emails, data).

Exemptions: Not all information will be released. There are various exemptions where information can be withheld, such as:

  • National security
  • Personal information (which might fall under the Data Protection Act)
  • Information intended for future publication
  • Information that could prejudice the effective conduct of public affairs

Fees: Requests are usually free, but there might be charges for things like photocopying or if the request involves a significant amount of work.

Appeals: If a request is refused or you’re unsatisfied with the response, there’s a process for internal review. If still not satisfied, you can appeal to the Information Commissioner’s Office (ICO), which can enforce compliance.

Organisations you can ask for information

You can request information from some public authorities, such as:

How to make an FOI request

You must make a Freedom of Information (FOI) request in writing. You can do it by:

  • letter
  • email
  • social media
  • online form – check the organisation’s website or the government department’s page to see if they have an online form
  • Use the excellent What Do They Know website to make and publicise your FOI request.
From www.whatdotheyknow.com

You need to describe the information you want as specifically as possible.

Response Time: Public authorities have 20 working days to respond to a request. They can extend this period in certain circumstances.

Before you make a request

You might not need to make a Freedom of Information (FOI) request if the organisation has:

  • already published the information
  • previously responded to an FOI request

Check their website for responses to previous FOI requests. This is sometimes known as a ‘disclosure log’. You can search for published responses to FOI requests from government departments, agencies and arms length bodies.

You can also email or phone the organisation to ask if they’ve already published the information or responded to an FOI request.

What to include

You should give:

  • your name (not needed if you’re asking for environmental information)
  • a contact postal or email address
  • a detailed description of the information you want – for example, you might want all information held on a subject, or just a summary

You can ask for information in a particular format, such as:

  • paper or electronic copies of information
  • audio format
  • large print

When you’ll get a response

The organisation should send you the information within 20 working days of receiving your request. Some schools are allowed more time during school holidays.

In Scotland, you should allow 6 extra days if you send your request by post.

The organisation will tell you when to expect the information if they need more time.

When your information will be shared

If you’ve sent an FOI request to several government departments, they may share your name and request between them. This is to help deal with your enquiry more effectively.

No other details will be shared and your information will not be used for any other purpose.

The Ministry of Injustice is not the Ministry of Justice nor is it affiliated in any way with the justice system, legal profession, police or any other law enforcement agencies.

“Publicity is the very soul of justice. . . . It keeps the judge himself, while trying, under trial….Where there is no publicity there is no justice”

Jeremy Bentham – Mr Justice Cobb: ‘Justice must be seen to be done’

Latest Articles ↓

Most Popular ↓

You should always seek formal legal advice from a qualified and reputable lawyer (solicitor or barrister).

There are a number of links to Free and Paid For Legal Resources and Legal Organisations on the Free Legal Advice , Legal Aid and Pro Bono pages.

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