On 6th April the long awaited Divorce, Dissolution and Separation Act 2020 comes into force, this has also been labelled the “No Fault Divorce Bill” as there will no longer be a requirement to provide evidence of “conduct” or “separation” to file for divorce.
The Ministry of Justice state:
“The DDSA represents the biggest reform of divorce laws in half a century and aims to reduce the impact that conflict and allegations of blame can have on families, and in particular, on any children.”
“Previously, the party seeking divorce had to satisfy the court that the legal test of irretrievable breakdown was met, by citing one or more of ‘five facts’. The new law will remove the requirement to assign blame, by allowing one party – or the couple jointly – to make a statement of irretrievable breakdown. No evidence will be required for this beyond a statement. It will also limit the ability of one party to challenge a divorce – which in some cases has allowed domestic abusers to exercise further coercive control over their victim.”
Amendments include:
removing the requirement to provide evidence of ‘conduct’ or ‘separation’ facts and replacing this with a simple requirement to provide a statement of irretrievable breakdown of the marriage or civil partnership or to obtain a judicial separation.
removing the ability to defend the decision to divorce or end the civil partnership.
allowing, for the first time, joint applications for divorce, dissolution, and separation, meaning that couples can now apply together for a divorce, dissolution, or separation.
introducing a new minimum overall timeframe of six months (26 weeks) made up of a ‘minimum period’ of 20 weeks in divorce and dissolution proceedings between the start of proceedings (when the court issues the application) and when the applicant(s) may apply for a conditional order and the current minimum timeframe of 6 weeks between the conditional order and when the order can be made final. This ensures that there is a period of reflection, and where divorce is inevitable, provides a greater opportunity for couples to agree the practical arrangements for the future.
updating the legal language used for divorce. ‘Petition’ will become ‘Application’, ‘Petitioner’ will become ‘Applicant’, ‘Decree Nisi’ will become ‘Conditional Order’ and ‘Decree Absolute’ will become ‘Final Order’. This makes language simpler and more accessible to those outside the legal profession, and aligns across all legislation relating to divorce, dissolution, and separation.
If you would like to make an enquiry regarding divorce you can contact our team on 01392 424242 or email
You can read the MOJ’s full information pack on the changes here.
Farmland by its very nature can be used in a variety of different ways. People who are not the legal owner of the land may need access or rights over it. If you are an owner or occupier of land, it is crucial that you take legal advice before allowing anyone to use your land so as to ensure that the correct legal documentation is in place before the use begins and that you do not inadvertently create unintended rights without even realising it, the legal consequences of which could be far reaching. Rights over land can include rights of access which include rights of way and easements such as easements for services to run under or over land and land drainage rights.
A right of way is right to use a particular route on someone else’s land. These rights might be for vehicles, pedestrians, cyclists and horse riders. Rights for services to run across land are known as easements.
Rights over land can include the right of statutory access for gas, electricity and water pipelines. The High Court has said that companies which transport these services have a right of access over land even if the owner or occupier does not want them to. This is because it is in the public interest that these services are delivered without interruption.
The public also has rights of access on all navigable rivers which means that if you own land adjoining a river, the public should be allowed to use that river for recreational purposes such as swimming.
Much of the law in the area of land management is complex and we strongly advise a landowner not to take risks and to take advice to ensure that they are aware of the legal issues involved so as to ensure their interests in the land are protected.
If you are an owner or occupier of land and someone wants to use it for a right of access or an easement for services, it is important to take legal advice to ensure that the correct legal documentation is in place. This will ensure that both you and the user of your land are protected from any legal consequences which may arise.
If you would like advice, you can contact us on 01392 424242 or email . We have offices in Exeter, Crediton, Okehampton, Ottery St Mary, Budleigh Salterton and Sidmouth. Our expert Lawyers can also make home farm visits, if required.
For any business, it is important to stay compliant with the law. Employment law can be difficult to navigate without a solicitor on your side. Here’s 5 tips for employers who want to stay compliant and avoid legal troubles.
Get a solicitor to read your Employment Contract. Employment law can be tricky, and in the UK there’s numerous Acts of Parliament which regulate it. This means that when you’re preparing your Employment Contract, or if you want to change things in an Employment Contract, you should make sure you get legal advice from a qualified solicitor to ensure everything is correct.
Employment law is complicated, and it’s easy to get distracted by other matters in the workplace. However, employment law touches on almost every aspect of business life from advertising jobs to preventing discrimination at work. Knowing what you need to do before you start will save a lot of time later on if things go wrong.
Pay your employees on time and check employment law regulations for what you need to do if your employee has become ill or is going off sick.
Employees are entitled to a written statement of employment particulars within two months of starting work with their employer or before the date when any change in terms is due to take effect. These could include details like pay rates and hours worked, employment regulations dictate that this information should be provided free of charge if requested by the employee.
Do not discriminate against an individual on any grounds, and follow employment law regulations if you find yourself in the position of needing to dismiss them. The employment law regulations set out how much notice you must give before informing someone that their employment is being terminated.
At the end of the day to ensure you do not make yourself vulnerable to a claim by an employee we would always recommend you seek legal advice. Employment law is complicated and it’s easy to get distracted by other matters in the workplace, but it is vital to be on top of it. At Gilbert Stephens our employment team advises employees on all aspects of employment law.
You are driving along and suddenly another driver crashes into your car. The accident can result in injury and property damage. If you have been injured as a driver or passenger in an accident caused by another’s negligence or recklessness, then it is important to get legal advice about making a compensation claim.
An accident may leave you injured and unable to work resulting in a loss of income, it may leave you without transportation and other expenses. If the accident was caused by another driver’s negligence, then they should be held financially responsible for all damages that have been incurred as a result of their negligence – this includes your expenses, lost income and a sum for the injury itself.
How much you can claim depends on the severity of your injury and your exact losses, these will vary for each person. If you instruct a solicitor to pursue your claim a medical report will be obtained to assess your injuries. The amount of compensation you get for your injury is then worked out by comparing your injuries to other similar cases.
In addition to the injury compensation, accident claims also compensate for expenses such as lost earnings and medical costs, we call these special damages. You can also be compensated for the pain and suffering you have endured, this is called general damages.
Making a claim can seem daunting, but our specialist solicitors will help guide you through each step of the process and make sure you receive the best possible outcome.
If you would like more information or advice about making a compensation claim after an accident call us on 01392 424242 or email We have offices in Exeter, Crediton, Okehampton, Ottery St Mary, Budleigh Salterton and Sidmouth.
Trust & Estate Practitioners over various branches
Residential Property Solicitor / Chartered Legal Executive over various branches
Private Client Legal Secretary based at our Exeter office and Residential Property Legal Secretary based at our Exeter office. These are full-time roles however a 4 day role may be considered for the right candidate
Gilbert Stephens is a thriving law firm based in the heart of Devon. We are very proud of our reputation built up over 100 years of serving our local community. We provide a supportive environment for all employees and are committed to equality of opportunity in all of our recruitment.
Everyone in our firm is highly valued for the contribution they make. We are always interested in talking to individuals who enjoy working as part of a busy and focussed team, are good communicators, self motivated, enthusiastic, flexible and share our commitment to offering a quality service to our clients.
Lasting Powers of Attorney are often thought of as something you put in place when you get to a certain age, when you may be having difficulties with memory and struggling to deal with your financial and business affairs. In fact everyone should consider having them in place, no matter their age or lifestyle.
Just take a look at Covid and how quickly some seemingly healthy people have sadly had to be put in an induced coma, leaving them incapable of making their own decisions about their health or finances. The pandemic has really brought home just how important having a Power of Attorney in place is. But there have always been illnesses which could lead young healthy people to that place, and any one of us might have an accident where we sustain a serious brain injury.
We encourage everyone no matter their age, health or fitness to consider Powers of Attorney for themselves just in case they are needed for important decisions in the future. By putting them in place you will have peace of mind that people you trust will be making the important decisions for you should the need arise.
There are two separate Lasting Powers of Attorney. One allowing you to appoint someone else to manage your financial affairs, and the other allows you to appoint a person who can make decisions about your health and medical treatment. Each Power of Attorney needs to be registered by the Public Guardian before they are valid.
A financial Lasting Power of Attorney can be set up so that the person who is your attorney can act on your behalf right away, or you can choose to appoint an attorney only when you are not able to make your own decisions.
We know it’s a difficult decision to make, but please consider Lasting Powers of Attorney as one way in which you can protect yourself and those around you, just as you do when making a will at a time when you are unlikely to die soon after. It will help them knowing you have appointed someone whose judgement you trust should anything happen to you and, in fact, it is the only way to give anyone the ability to speak on your behalf and be involved in decision making.
One great way to avoid any potential problems with the people you appoint is by having a talk about their duties, it’s always wise for them to understand exactly what they will need to know in order take the right action should the need arise.
You can find out more information here or call 01392 424242
The recent Farming Community Network (FCN) charity auction at the Exeter Livestock Centre was a great success with lots of money being raised for this invaluable cause. The FCN charity auction is an annual event that raises money to support farming families in times of need. They do vital work in the community, providing much-needed support to farmers and their families who are going through difficult times.
We hope whoever won the sit on tractor we donated will have hours and hours of fun riding around!
Below is a post from the FCN Facebook page featuring an article in Farmers Weekly about the FCN. This post and article demonstrate the invaluable work the FCN do for the local farming community:
“This is a fantastic feature from Farmers Weekly about FCN and the importance of finding a healthy work-life balance on the farm.
The article draws attention to our new research with the University of Exeter’s Centre for Rural Policy Research into loneliness and isolation in farming communities (https://lnkd.in/dwevhQbV) and our ‘Who’s Your Julie?’ campaign to increase feelings of connectivity in the farm community and recognise support networks (https://lnkd.in/dWJi-YtY).
Winter can be a cold and isolating period for some. If you are feeling lonely this Christmas, FCN and other charities are here to listen, empathise and support you, and walk with you on the journey ahead and through the changes on the horizon.
Call 03000 111 999 (open 7am-11pm every day of the year) or email
Staff across all our offices donned their sparkly colourful Christmas jumpers to raise funds for FORCE Cancer Charity last Friday! We decided to focus our fundraising efforts on a local charity who have supported many people we know over the years in one form or another.
Goodies were also provided and enjoyed to help boost the fundraising efforts!
A big thank you to everyone who donated and helped make the day fun whilst raising money for a great cause!
FORCE Cancer Charity is a Devon-based charity that supports people and families affected by cancer. They provide information, support and practical and emotional help to anyone who needs it – from those who have just been diagnosed to their families and friends. FORCE also campaigns for better cancer services in Devon.
Our Sidmouth office stayed open last week to join in with the late night shopping Christmas fun! Visitors to our office were offered mulled wine, mince pies and other refreshments.
We loved the opportunity to get involved with the local community and have a chat with old and new friends alike.
The Farming Community Network are hosting a Charity Christmas Auction this Monday 13th December at the Exeter Livestock Market. Gilbert Stephens have donated a toy sit on John Deere tractor to help raise money for this much needed charity.
The Farming Community Network (FCN) is a voluntary organisation and charity that supports farmers and families within the farming community through difficult times. They continue to support around 300 farming families each year around Devon and the need for their help is greater than ever due to the social isolation covid has caused. They have been involved in supporting those affected by suicide & illness over the last 18 months & those struggling due to the increased burden of red tape and other uncertainties including farming support payments and TB.
Managing Partner Terry Bastyan said: “At Gilbert Stephens we are passionate about farming and our local community, which is why we have donated the John Deere Tractor to the FCN Auction, We are pleased to support the FCN and that the money raised will be going towards supporting farming families in need during these difficult times”.
This information does not constitute legal or financial advice and you are advised to seek the guidance of a lawyer or financial advisor to discuss your individual requirements.
