Resolution has welcomed the Justice Secretary’s announcement that he will bring forward legislation to introduce no-fault divorce. The Government’s decision follows a public consultation in which family justice professionals and those with direct experience of divorce voiced their support for reform. New legislation will therefore be introduced to Parliament to update the UK’s 50-year-old divorce law.
Justice Secretary, David Gauke, said:
“Hostility and conflict between parents leave their mark on children and can damage their life chances. While we will always uphold the institution of marriage, it cannot be right that our outdated law creates or increases conflict between divorcing couples. So I have listened to calls for reform and firmly believe now is the right time to end this unnecessary blame game for good.”
Resolution’s former Chair, Nigel Shepherd, said:
“We welcome these proposals, which almost entirely reflect Resolution’s response to the consultation, and we’re pleased the government has listened to calls from our members and others to introduce these changes. As someone who’s campaigned on this issue throughout my career, I’m delighted that today we are a step closer to reforming our outdated divorce laws. Resolution members will always try to help couples deal with the consequences of relationship breakdown with as little acrimony as possible, but the current divorce law makes this so much more difficult. With this new legislation, finally our divorce laws will be brought up to date – helping divorcing couples and, most importantly, any children they may have, avoid unnecessary conflict.”
Resolution’s current Chair, Margaret Heathcote, added:
“If you’re separating, and you’re faced with having to make unnecessary and unhelpful accusations against your ex on the divorce petition, there is nothing more important than this reform in the law. Let’s now get on with it, and make our divorce law fit for purpose.”
No-Fault Divorce Legislation
Proposals for changes to the law include:
- Retaining the irretrievable breakdown of a marriage as the sole ground for divorce.
- Replacing the requirement to provide evidence of a ‘fact’ around behaviour or separation with a requirement to provide a statement of irretrievable breakdown.
- Retaining the two-stage legal process currently referred to as decree nisi and decree absolute.
- Creating the option of a joint application for divorce, alongside retaining the option for one party to initiate the process.
- Removing the ability to contest a divorce.
- Introducing a minimum timeframe of 6 months, from petition stage to final divorce (20 weeks from petition stage to decree nisi; 6 weeks from decree nisi to decree absolute).
Comment
The Ministry of Justice says that starting a minimum timeframe at the initial petition stage reflects consultation respondents’ views that couples ‘feel divorced’ when the Court grants the provisional decree of divorce (the ‘decree nisi’). This will provide a meaningful period of reflection and the opportunity to turn back.
Where divorce is inevitable, it will better enable couples to reach agreement on practical arrangements for the future. Courts will retain the power to expedite the process where appropriate.
How Nelsons Can Help
If you are considering separating, it is important to seek legal advice, as many people will listen to friends and family, who have either separated or know someone who has and they will often recite what happened. However, each family is unique and each separation is different, as it depends on so many different factors. This is why it is important to obtain specialist legal advice from an experienced family law solicitor, who will try and make the process as easy and painless as possible.
If you require advice on this specialist area, please contact a member of the team in Derby, Leicester, or Nottingham 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 our family law solicitors can provide along with details of our hourly rates and fixed fee services.
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