Milburns Solicitors

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Cyber Essentials - 4th Year

Cyber Security

Milburns Solicitors have successfully achieved Cyber Essentials Accreditation for the fourth year running. Cyber Essentials is a government supported cyber-security certification scheme.

Practice Manager, Natalie Cueto, said “This accreditation shows we have our IT systems right and that we can demonstrate to our clients and business partners that we take data security seriously.”

Excellence Award

Milburns Solicitors Ltd secures top accolade from National Law Society 

Milburns Solicitors in Workington and Whitehaven are proud to have secured Lexcel accreditation for the eighth year running.

Lexcel is the Law Society’s legal practice quality mark for excellence in legal practice management and excellence in legal client care. Developed specifically for the legal profession. Lexcel is a recognised accreditation scheme for law firms which gives assurance that a practice meets high client care and business management standards.

To gain Lexcel accreditation Milburns Solicitors have undergone a rigorous application and assessment process. This included conducting background checks and an on-site visit from an experienced, trained Lexcel assessor.

No-Fault Divorce

The Divorce, Dissolution and Separation Act 2020 brought into effect on 6th April 2022 is the biggest reform in this area of law in over 50 years!

The new procedure removes the requirement for spouses to pass blame onto one another in order to petition for divorce. Under the old legislation, spouses either had to petition based on one party’s unreasonable behaviour or adultery if they wanted to begin divorce proceedings immediately upon their separation.

Alternatively, parties had to wait 2 years following separation to begin divorce proceedings with their spouses’ consent or 5 years without it if they did not want to pass blame.

Under the new legislation, parties will simply need to confirm their marriage has irretrievably broken down. The requirement to pass blame has been removed. It also allows the option for parties to issue a joint application for divorce. Although, the option to make an application as a sole applicant still remains.

The option to defend divorce proceedings has also been removed, save for where there is an issue of fraud or as to the jurisdiction of the Court.

Under the old legislation, the Court could decide if the parties were entitled to a divorce by looking at the particulars of the divorce petition and what led to the marriage breakdown. This has been removed and the Court will not go beyond the statement that the marriage has irretrievably broken down. It is hoped this will make the procedure much simpler and less invasive for the parties.

The new legislation brings into effect a minimum 20 week period of reflection between the application and the granting of the Conditional Order. Once this time has elapsed, the Applicant will be able to confirm that they want the divorce to proceed and the Conditional Order will be granted. Once this is granted, a minimum of 6 weeks remains before an application for Final Order can be made.

It is hoped this new reform will help to reduce unnecessary conflict between separating spouses and allow a divorce to proceed on an amicable basis.