Overview

The Divorce, Dissolution and Separation Bill aims to simplify the process of divorce, dissolution of civil partnerships, and separation in England and Wales. It removes the need to prove fault or specific facts, replacing it with a simple declaration that the relationship has irretrievably broken down.

Description

This bill makes significant changes to the Matrimonial Causes Act 1973 and the Civil Partnership Act 2004. Key changes include:

• Divorce and Judicial Separation: Removes the requirement to prove fault or specific facts (e.g., adultery, unreasonable behaviour) for divorce and judicial separation. Instead, applicants will only need to declare that the marriage has irretrievably broken down.
• Civil Partnership Dissolution and Separation: Mirrors the changes made to divorce, simplifying the process of dissolving civil partnerships and obtaining separation orders by removing the need to prove fault.
• Time Limits: Introduces a minimum waiting period of 6 weeks between the granting of a conditional order and the final order for both divorce and civil partnership dissolution. A further 20-week period is required before the conditional order can be made, unless the court decides otherwise. The Lord Chancellor can amend these time periods by order, but the total waiting period cannot exceed 26 weeks.
• Consequential Amendments: The bill includes a large number of minor and consequential amendments to various other Acts of Parliament to ensure consistency with the changes made to divorce, dissolution, and separation procedures.

Government Spending

The bill does not directly specify any changes to government spending. The impact on government spending is likely to be minimal, potentially involving minor administrative adjustments associated with the changes in legal processes.

Groups Affected

The bill will affect the following groups:

• Individuals seeking divorce or separation: The process will become simpler and faster.
• Individuals in civil partnerships: The dissolution process will be simplified.
• Family lawyers and courts: The workload may shift, requiring adjustments to processes and procedures.
• Government agencies and other relevant bodies: They may need to update their processes to reflect the legal changes.

Powered by nyModel