Overview

This bill mandates a review of divorce, judicial separation, and civil partnership dissolution laws in England and Wales. The Lord Chancellor must conduct this review, considering a potential shift to a simpler system based on application and confirmation of irretrievable breakdown, and report findings to Parliament.

Description

Review Process

The Lord Chancellor is required to conduct a review of the existing laws governing divorce, judicial separation, and the dissolution of civil partnerships. This review must specifically explore a new system where the sole ground for divorce or separation is irretrievable breakdown, evidenced by an application and subsequent confirmation.

Proposed System

The proposed system outlines a straightforward process: An application can be made by one or both parties after a minimum one-year waiting period (except for judicial separation, which can be applied for anytime). A confirmation period of at least nine months follows the application. No further evidence of fault or reason is required. The court cannot grant the divorce until the application is confirmed. The new system removes the requirement for consent of the other party if the application is made by one party only.

Other Considerations

The review must also assess the procedural implications of the proposed system and its effects on related matters such as financial provisions and child arrangements.

Reporting

The Lord Chancellor must submit progress reports to Parliament every six months until the final report is presented. The entire review must start within six months of the bill passing into law.

Government Spending

The bill does not directly allocate specific funds. The cost of the review, including the Lord Chancellor's time and any administrative support, will be absorbed within existing government budgets. No specific figures are provided.

Groups Affected

Groups affected include:

• Individuals seeking divorce or separation: The proposed changes aim to simplify the process, potentially making it faster and less stressful.
• Civil partners seeking dissolution or separation: The bill covers civil partnerships, mirroring the changes proposed for married couples.
• Legal professionals: The changes may impact their workload and require adjustments to their practices.
• Family courts: The courts will need to adapt their procedures to implement any new system.

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