As we reach the pinnacle of Brexit, whether this is a dark day or a celebration, depending on your persuasion, another matter relating to ‘divorce’ is upon us. The Divorce, Dissolution and Separation Bill is due to have its Second Reading in the House of Lords on 5th February 2020.
The bill will reform the process in England and Wales for married couples to obtain a divorce or judicial separation and for civil partners to dissolve their civil partnership, by introducing a ‘no fault’ divorce model in England and Wales for married couples to divorce. It will bring an end to what has been reported as the ‘blame game’.
What are the proposed changes?
The bill will:
- Replace the requirement to provide evidence of conduct or separation. Instead there will be a new requirement to provide a statement of irretrievable breakdown followed by an overall period of notice of 26 weeks.
- Remove the possibility of contesting the divorce as this statement of irretrievable breakdown will be taken as determinative of such.
- Introduce the option for a joint application.
- Update the language used to ensure it is fit for the modern age; e.g. decree nisi to conditional order and decree absolute to final order.
The Law Society have defined their position in their Parliamentary Briefing ahead of the forthcoming reading; the Law Society welcomes and supports the government’s introduction of no-fault divorce in the bill. They are supportive of joint petitions and the principle of divorce based on the statement of irretrievable breakdown of marriage coupled with the 26-week notice period.
Is reform needed?
Based upon my experience with clients over the past ten years, I would say yes. Quite simply the system is not fit for purpose.
There a number of couples who find themselves in a position where they have simply grown apart and want different things out of life. Having made the difficult decision to separate, to be told they must wait a further two years before they can seek closure by way of divorce, unless they agree to apportion blame to one party, can be heart breaking.
The consequence of this outdated process has often resulted in couples working around the system and frequently you hear about couples fabricating the particulars of a divorce petition as a means to an end. In many situations one party may be at fault but recording this in black and white within the petition is unlikely to be the best starting point for amicable negotiations in respect of children and financial matters.
There must be a better way in times when family lawyers promote a conciliatory approach to family law and it seems that this will be embodied within legislation in the near future. As a matrimonial lawyer, my view is that the approach of Parliament in this divorce issue is something to celebrate. But, as with Brexit it depends on your persuasion.
