Overview

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

Description

The Review

The Lord Chancellor must conduct a comprehensive review of existing laws concerning divorce, judicial separation, and the dissolution of civil partnerships. The review must specifically consider replacing the current legal framework with a system based solely on an application followed by confirmation after a set period.

Proposed System

The proposed system simplifies the process. Irretrievable breakdown of the marriage or civil partnership becomes the sole ground for divorce/dissolution. An application can be made by one or both partners after a one-year waiting period (except for judicial separation/civil partner separation, which can be applied for at any time). A confirmation process is introduced, requiring a minimum nine-month waiting period after application notice. The application expires if unconfirmed after two years. Consent from the other party is not necessary for confirmation or the granting of the order.

Government Spending

The Bill does not directly specify government spending figures. The cost of the review and any subsequent legislative changes will depend on the recommendations of the Lord Chancellor's report.

Groups Affected

This bill will affect:

• Individuals seeking divorce or separation: The proposed changes aim to simplify the process and remove the need to prove fault, potentially making it less contentious and stressful.
• Civil partners: The bill applies equally to civil partnerships, providing a streamlined process for dissolution.
• Legal professionals: The proposed changes may impact legal practice and the work required to finalize divorce or separation proceedings.
• Judges and courts: The new process will potentially alter caseloads and judicial workload.

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