Overview

The No Fault Divorce Bill aims to simplify the divorce process in England and Wales by removing the need to prove fault or blame. Both parties will need to jointly agree the marriage has irretrievably broken down to obtain a divorce.

Description

This bill amends the Matrimonial Causes Act 1973 and the Civil Partnership Act 2004. It introduces a new process where both parties in a marriage or civil partnership can jointly petition for divorce or dissolution.

Key Changes:

• No need to prove fault (e.g., adultery, unreasonable behaviour): both parties simply need to declare that the marriage/partnership has irretrievably broken down.
• Joint application required: both parties must agree to end the marriage/partnership.
• Individual signed statements: Each party must submit a signed statement confirming the irretrievable breakdown. This must be done freely and without coercion.
• Decree Nisi: A decree nisi (provisional divorce order) will be granted initially, becoming absolute after a minimum 12-month waiting period, unless the court determines a shorter period is acceptable.

Government Spending

The bill doesn't directly specify the cost to the government. The impact on government spending is likely to be minimal as administrative costs may shift with fewer contested cases.

Groups Affected

Groups potentially affected and how:

• Couples seeking divorce/dissolution: Simpler and quicker divorce process, reducing stress and legal costs.
• Legal professionals: Potential reduction in workload for lawyers specialising in contested divorces.
• Courts: May see a shift in the types of cases handled, potentially leading to reduced workload for some courts.

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