Overview

This bill mandates a review of divorce, judicial separation, and the dissolution/separation of civil partnerships in England and Wales. The Lord Chancellor will examine current laws and propose a potential new system based on application and confirmation, eliminating the need for proving fault.

Description

Review Process

The Lord Chancellor must conduct a review of the relevant laws, specifically considering replacing the current system with a new scheme based on application and confirmation of an irretrievable breakdown of the marriage or civil partnership. The review must consider procedural implications and consequences for related matters (financial provision, child arrangements).

Proposed Scheme

The proposed scheme establishes irretrievable breakdown as the sole ground for divorce/separation. This is evidenced by an application to the court followed by confirmation. Applications cannot be made within one year of the marriage/partnership (except for judicial separation/civil partner separation which can be made at any time). One or both parties can make an application, which can be withdrawn or confirmed by one party. Confirmation cannot occur within nine months of notification to the other party (or application if joint). Unconfirmed applications expire after two years.

Other Aspects

The bill applies only to England and Wales and will come into effect two months after being passed. The Lord Chancellor must report on the review's progress every six months, culminating in a final report to Parliament.

Government Spending

The bill itself does not directly specify any government spending figures. The cost of the review, including the Lord Chancellor's time and any commissioned research, would be borne by the government, but no specific budget is mentioned. Any subsequent legislative changes based on the review's recommendations could have budgetary implications, though these are not currently defined.

Groups Affected

Individuals going through divorce or separation proceedings (including those in civil partnerships) are directly affected. The proposed changes may potentially alter the legal process, making it simpler or more complex depending on the outcome of the review. Solicitors, judges and court staff will also be affected due to a possible change of procedures and processes.

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