Overview

This bill mandates a review of England and Wales' divorce, judicial separation, and civil partnership dissolution laws by the Lord Chancellor. The review will specifically explore replacing the current system with a simpler, application-based process, focusing on irretrievable breakdown as the sole ground for divorce.

Description

Review Process

The Lord Chancellor must conduct a review of the existing laws concerning divorce, judicial separation, and the dissolution of civil partnerships. This review must consider replacing the current legal framework with a new system based on application and confirmation of irretrievable breakdown of the marriage or civil partnership. The review needs to account for procedural implications and the consequences for related matters like financial provisions and child arrangements.

Proposed New System

The proposed system uses "irretrievable breakdown" as the sole ground for divorce/separation. This is evidenced by an application to the court followed by confirmation, eliminating the need for further evidence. Applications can be made jointly or individually. There is a one-year waiting period for divorce applications after the marriage date and no waiting period for judicial separation. A nine-month period exists between application notification and confirmation. A two-year limit is placed on unconfirmed applications.

Government Spending

The bill doesn't directly specify government spending figures. The cost of the review process itself, including any associated legal and administrative expenses, would be a relevant factor, though the exact amount isn't detailed in this bill.

Groups Affected

This bill affects:

• Individuals seeking divorce or separation: The proposed changes could simplify the process and reduce costs associated with proving fault.
• Legal professionals: The changes might alter their workload and require adjustments to their practices.
• The judiciary: The proposed system may change the nature and volume of cases processed by the courts.

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