Overview

The Divorce, Dissolution and Separation Bill [HL] simplifies the legal process for 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 of irretrievable breakdown.

Description

This bill amends several Acts, primarily the Matrimonial Causes Act 1973 and the Civil Partnership Act 2004. Key changes include:

• Divorce and Judicial Separation: Removes the requirement to prove fault (e.g., adultery, unreasonable behaviour) for divorce. Applicants simply declare the marriage has irretrievably broken down. Similar changes are made to judicial separation.
• Civil Partnership Dissolution and Separation: Mirroring the changes for marriage, the bill simplifies the process for dissolving civil partnerships and obtaining separation orders, removing the need to prove fault.
• Time Limits: Introduces a minimum 6-week period between a conditional order (initial order) and a final order for both divorce and civil partnership dissolution, and a 20-week period for confirmation by both parties before making the conditional order. The Lord Chancellor can adjust these times, up to a maximum of 26 weeks in total.
• Consequential Amendments: The bill makes numerous consequential amendments to other related legislation to ensure consistency across all relevant laws.

Government Spending

The bill does not include any specific figures regarding the effect on UK government spending. It's anticipated the changes will lead to some administrative cost savings for the court system through simplifying the process, but no precise estimate is currently available.

Groups Affected

• Individuals seeking divorce or separation: The bill simplifies the process, making it quicker and potentially less stressful.
• Civil partners seeking dissolution or separation: The bill provides the same streamlined process as for married couples.
• Legal professionals: The changes may affect their workload and procedures.
• Courts and administrative bodies: The simplification of the process might lead to increased efficiency, but also a need for adjustments to procedures.

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