The Divorce, Separation and Dissolution bill is back on the agenda with the aim of ending what justice secretary Robert Buckland has called “needless antagonism”.
Originally [link below]introduced in June[/link], the bill was delayed twice – initially by the unlawful prorogation of parliament in September, and then again by the general election in December.
Under current legislation, a spouse has to evidence at least one of five ‘facts’ when petitioning for divorce: adultery, behaviour, desertion, and either two- or five years’ separation, depending on whether or not the other spouse agrees to the divorce.
The new bill, which has already been through two readings in the Commons and the committee stage, was passed to the House of Lords this week and introduces provisions for no-fault divorce. It will replace the requirement to evidence conduct or separation ‘fact’ with the provision of a statement of ‘irretrievable breakdown’.
The bill will also remove the ability to contest the decision to divorce, and after 20 weeks after the start of proceedings, the court will be able to make a conditional order.
“The institution of marriage will always be vitally important, but we must never allow a situation where our laws exacerbate conflict and harm a child’s upbringing. By sparing individuals the need to play the blame game, we are stripping out the needless antagonism this creates so families can better move on with their lives,” said Buckland.
The passing of the bill to the House of Lords has been welcomed by many family lawyers who have long campaigned for no-fault divorce.
Former chair of family law group Resolution, Nigel Shepherd, said: “After a series of false starts last year, we are delighted that government has chosen no-fault divorce as the focus for one of its first bills tabled in the new parliament. For far too long, far too many couples have been effectively forced to assign fault during the divorce process in order to satisfy outdated requirements.”
There are concerns that the divorce process could become too easy. Joanna Farrands, partner at Barlow Robbins in London and Surrey, said: “However, the bull provides a good compromise, delivering reform without undermining the institution of marriage.”
The changes will be made in parallel to the law governing dissolution of a civil partnership, however, it will not affect other areas of matrimonial law such as financial provision.
About The Family Mediation Practice
The Family Mediation Practice is a team of independent family mediators who help divorcing and separating couples to come to an agreement rather than fighting things out in the courts.
Depending on your circumstances, legal aid could be available to fund your family mediation.
Contact The Family Mediation Practice
You can contact any of our independent family mediators direct by calling 0333 567 0377. You can also send a confidential message by clicking here.
