The Government has announced that, subject to consultation, it intends to reform the legal requirements for divorce…
“so that it is consistent with the approach taken in other areas of family law, and to shift the focus from blame and recrimination to support adults better to focus on making arrangements for their own futures and for their children’s. The reformed law should have two objectives: to make sure that the decision to divorce continues to be a considered one, and that spouses have an opportunity to change course; and to make sure that divorcing couples are not put through legal requirements which do not serve their or society’s interests and which can lead to conflict and accordingly poor outcomes for children.”
The consultation document proposes:
“adjusting what the law requires to bring a legal end to a marriage that has broken down irretrievably. This adjustment includes removing the ability to allege “fault”. The consultation seeks views on the detail of how best to change the law to reduce family conflict and strengthen family responsibility.”
In 2016 106,713 divorces were issued. Of that amount:
- A staggering 45% based on unreasonable behaviour
- 27% were issued based on two years separation
- 15% were issued based on five years separation
- 11% on adultery
- The remaining 2% were issued on desertion or a combination of adultery and behaviour
The Government has concluded, according to the Impact Statement:
“that it is necessary to remove the requirement to prove a fact”
and is now consulting on the detail of implementation. The consultation will ask for views on, among other matters:
- Moving to a notification of irretrievable breakdown system
- The minimum length of time for the revised legal process to end a marriage (or civil partnership), which it is proposed should focus on the period from decree nisi to decree absolute (or conditional order to dissolution order)
- Removing the ability of a spouse to contest these matrimonial proceedings
- Retaining the bar on divorce or civil partnership dissolution in the first year following legal formation of the relationship
- Retention of other procedural requirements and safeguards. This includes the requirement that legal professionals should certify whether they have advised their client about the possibility of reconciliation and sources of appropriate help and advice.
The consultation opened on 15 September 2018 and closes on 10 December 2018 and a response to the consultation exercise is due to be published by 8 March 2019.
How Nelsons Can Help
If you need any advice relating to a divorce and separation, please contact a member of our Family Law solicitors on 0800 024 1976 or via our online form. A member of the team will be happy to discuss your circumstances in more detail and give you more information about the services that we can provide along with details of our hourly rates and fixed fee services.