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. It allows couples to divorce jointly based on a mutual declaration that their marriage or civil partnership has irretrievably broken down.

Description

Amendments to Existing Legislation

The bill amends the Matrimonial Causes Act 1973 and the Civil Partnership Act 2004. It introduces a new process where both parties involved in a marriage or civil partnership can jointly petition for divorce or dissolution. This petition must include individual statements from each party confirming the irretrievable breakdown of the relationship. These statements must be signed freely and independently, meaning without coercion or undue influence.

Decree Nisi

The decree of divorce or dissolution will initially be a "decree nisi," which isn't final. It will only become absolute after a waiting period of at least twelve months. This waiting period can be shortened under specific circumstances determined by the High Court or the court handling the case.

No Requirement to Prove Fault

Significantly, the bill removes the requirement for either party to prove fault, such as adultery or unreasonable behavior, to obtain a divorce. The joint declaration of irretrievable breakdown is sufficient.

Government Spending

The bill is not expected to significantly increase or decrease government spending. The exact financial impact is likely minimal, primarily concerning the administrative costs associated with processing the new divorce applications.

Groups Affected

• Couples seeking divorce or dissolution: This bill will simplify the process and reduce the potential for conflict and stress in the separation.
• Legal professionals: The change in procedure will alter their work, though the overall effect on their workload is unclear.
• The Judiciary: The Courts will handle the applications under the new procedures, requiring minor adjustments to existing practices.

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