As of today changes to divorce proceedings in the UK will allow annulments of marriages to go through without having to assign blame to a specific party. Only time will tell whether such changes will have a positive impact on the process, but the initial thoughts at Lockton are that such changes will have a positive impact in the reduction of negligence claims arising from matrimonial work.
While the full impact of these changes has yet to be fully realised, Lockton advises all its valued clients affected by the amendments to ensure that all correspondence with clients continues to be documented, as it will remain fundamental to continue to keep comprehensive file notes that can serve as a robust defence should an issue arise.
The introduction of no-fault divorce could spell good news for at least solicitors involved in divorce cases. The change may mean that fewer actions during divorce proceedings are driven by emotion or by the necessity to place blame on one person or the other. This could then mean that fewer matrimony solicitors are considered liable from a professional indemnity standpoint, or from having to take on defence claims.