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, making the process quicker and less stressful for couples.

Description

The bill makes several key changes to the existing legal framework:

• Divorce and Judicial Separation: Removes the requirement to prove fault or specific facts (such as adultery or unreasonable behaviour) for divorce or judicial separation. Applicants only need to state that the marriage has irretrievably broken down. A minimum period of 26 weeks is introduced before a divorce can be finalised, including a 6-week period after a conditional order is granted.
• Civil Partnership Dissolution and Separation: Mirrors the changes made to divorce, removing the need to prove fault or specific facts for dissolution and separation of civil partnerships. Similar time limits are imposed (26 weeks).
• Time Limits: Establishes minimum time periods for conditional orders (six weeks) and for the application to proceed (20 weeks) before finalization of divorce, dissolution, or separation orders. The Lord Chancellor can adjust these periods, but the total cannot exceed 26 weeks.
• Consequential Amendments: Makes various minor and consequential amendments to related acts and legislation across England, Wales, Scotland and Northern Ireland to ensure consistency and alignment with the new system.

Government Spending

The bill is expected to reduce government spending on the legal processes related to divorce, dissolution, and separation. While specific figures are not provided in the text, the streamlined process should lead to efficiency savings in court time and administrative costs.

Groups Affected

• Couples seeking divorce, dissolution, or separation: This group will benefit from a simplified and faster process.
• Legal professionals: May see changes in their workload and practices due to the new procedure.
• Courts and administrative bodies: Will experience changes in case processing and management.

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