The Divorce, Dissolution and Separation Bill passed its first vote in the House of Commons this week. If the Bill gets through the Parliamentary process it will bring in some big changes for people thinking about getting a divorce. These are the intended changes:
- Do away with the current need to provide evidence of conduct or separation facts: instead one person will need to produce a statement of irretrievable breakdown;
- This statement of irretrievable breakdown would be taken as conclusive evidence that the marriage has totally broken down beyond repair. This would therefore remove the possibility of the other person contesting the decision to divorce.
- There would be a new option of making a joint application if the decision to divorce is mutual;
- There is a recommended new overall timeframe of six months for the divorce process. The Bill as it stands would allow the Lord Chancellor, by order, to adjust the time period;
- The legal terminology would also be amended and updated.
At the moment to instigate divorce proceedings one spouse has to allege one of these five reasons as the reason they want to divorce: adultery, unreasonable behaviour, desertion, and two types of periods of separation. Should the Bill become an Act “no-fault” divorces will be allowed to take place – meaning that couples only have to say that their marriage has broken down (the statement of irretrievable breakdown).
The aim here is to remove some hurdles that currently can prevent divorce proceedings going ahead and to make the process easier and more ‘common sense’ based.
Watch out for further updates from Nalders as the Bill continues its journey through Parliament.
Our Family Team at Nalders are here to help, advise and support you in these difficulties times.