Recent reports have told how the long awaited Divorce, Dissolution and Separation Bill had now been read in the House of Commons. The latest reports now state how the Bill has been passed though the House of Commons and was yesterday (18 June 2020) set to return to the House of Lords to consider an amendment before receiving Royal Assent.
However, the Lord Chancellor, Robert Buckland, has told MPs the proposed legislation will not come into force immediately after Royal Assent as “time needs to be allowed for careful implementation”.
Despite this time for implementation, family lawyers are delighted by the changes the new legislation will bring, many citing how ‘no fault divorce’ takes UK divorce laws into the 21st century.
Jo Edwards, head of family at London firm Forsters, said: “Along with most family lawyers, and indeed the general public, I was thrilled to see the bill conclude its passage in parliament this week after 30 years of campaigning by Resolution and others and, in recent years, many false starts. Despite vocal last-minute attempts by some backbench MPs to derail the bill, we finally have the prospect of a more civilised, dignified divorce process fit for the 21st century.
‘The fact that couples will be able to petition for divorce jointly is a hugely important step symbolically and the introduction of a minimum overall timeframe shows that this is not the ‘quickie divorce’ that some have suggested. Because the detail of the rules around the new process, as well as court forms and the online portal, will need to be looked at in light of the new legislation, it is not likely that no-fault divorces will be a reality in England and Wales until late 2021 or even early 2022. For the 100,000 or so couples who divorce each year, they can’t come a day too soon.”
Margaret Heathcote, chair of family law group Resolution, said lawyers will be better able to support couples to resolve matters “as constructively and amicably as possible, minimising the impact on any children they may have”.
Richard Hartley, a barrister and mediator at the Family Mediation Practice commented on how, “ending the idea of a blame game within a divorce is an extremely positive move forword and will go a long way to diluting the perceived acrimony between divorcing couples, especially where children are concerned.”
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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.
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