Overview

This bill simplifies the legal process of divorce, dissolution of civil partnerships, and separation in England and Wales. It removes the need to prove fault or specific facts for ending a marriage or civil partnership, replacing it with a simple declaration that the relationship has irretrievably broken down. The bill also introduces time limits for various stages of the process.

Description

Divorce and Judicial Separation

The bill amends the Matrimonial Causes Act 1973. It removes the requirement to establish fault-based grounds for divorce, allowing for divorce based solely on the irretrievable breakdown of the marriage. A statement to this effect becomes conclusive evidence. The bill also introduces a minimum waiting period of 26 weeks between the application and the final divorce order.

Civil Partnership Dissolution and Separation

Similar changes are made to the Civil Partnership Act 2004, simplifying the dissolution of civil partnerships and removing the need to prove fault. A minimum waiting period of 26 weeks is also introduced. The bill introduces similar changes for separation orders for both marriages and civil partnerships.

Minor and Consequential Amendments

The bill includes minor and consequential amendments to various other Acts to ensure consistency across relevant legislation. These amendments primarily involve replacing references to "decree" with "order" in relation to various legal proceedings and adjusting procedural aspects.

Government Spending

The bill is not expected to significantly impact UK government spending. The changes are primarily procedural and aim to streamline legal processes, potentially resulting in minor savings in court administration costs. Specific figures are unavailable within the provided text.

Groups Affected

The bill will primarily affect:

• Individuals seeking divorce or dissolution of civil partnerships: The process will become simpler and quicker.
• Legal professionals: Their work will need to adapt to the new process.
• Court systems: These may experience changes in workload as a result of the streamlined process.

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