Overview

This bill simplifies the process of divorce, dissolution of civil partnerships, and separation in England and Wales. It removes the need to prove fault or specific facts to obtain a divorce or dissolution, replacing it with a simple declaration that the relationship has irretrievably broken down. It also introduces mandatory waiting periods before orders are finalized.

Description

Divorce and Judicial Separation

The bill amends the Matrimonial Causes Act 1973. It removes the requirement to prove facts demonstrating the irretrievable breakdown of a marriage. Instead, an applicant (or both applicants) must simply state that the marriage has irretrievably broken down. This statement is accepted as conclusive evidence. The bill introduces a 6-week period between a conditional divorce order being granted and it becoming final, and a further 20-week period before a conditional order can be made. The Lord Chancellor can adjust these timeframes, but the total cannot exceed 26 weeks.

Similar changes are made to judicial separation proceedings, eliminating the need to establish factual grounds for separation.

Civil Partnership Dissolution and Separation

The bill makes analogous changes to the Civil Partnership Act 2004, simplifying the dissolution and separation processes for civil partnerships. It removes the need to prove facts and introduces a similar 6-week period before a conditional dissolution order becomes final and a 20-week period before a conditional order can be made.

Minor and Consequential Amendments

The bill includes numerous minor and consequential amendments to various other Acts relating to matrimonial and family law, ensuring consistency and addressing related legal issues. These amendments adjust terminology and procedures to reflect the changes introduced by the bill.

Government Spending

The bill is not expected to significantly impact government spending. The changes are primarily procedural and aim to streamline the legal process, potentially reducing court costs in the long term but no specific figures are provided.

Groups Affected

The bill primarily affects:

• Individuals seeking divorce or dissolution of a civil partnership: The process will be simplified and less adversarial.
• Legal professionals: Changes to procedures will affect how they handle divorce and separation cases.
• Judges and Courts: The caseload may initially increase before settling down and possibly reduce costs.
• Individuals involved in judicial separation or separation order proceedings: The procedure will be streamlined.

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