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The House of Lords Library has published a briefing paper on the
Divorce, Dissolution and Separation Bill, which will have its
second reading in the Lords on February 5.
Download
briefing paper
The Divorce, Dissolution and Separation Bill [HL] would change
the legal requirements for married couples to obtain a divorce
or judicial separation and for civil partners to dissolve their
civil partnership or obtain a separation. The Government has
said that the purpose of the bill is to “remove issues that
create conflict” in the divorce process. It stated the
legislation would ensure the decision to divorce is a
“considered one”. It has argued that it will “reduce family
conflict” and “minimise” the impact of divorce on children.
In summary, the provisions in the bill would:
- Introduce a new option of a joint application to the court
to initiate proceedings where the decision to divorce is
mutual.
- Replace the requirement to provide evidence of fault or
separation with a notification process: a statement from the
applicant(s) of irretrievable breakdown.
- Remove the possibility to contest the decision to divorce,
as the statement would be taken as conclusive evidence of
irretrievable breakdown.
- Introduce a minimum overall timeframe of 26 weeks into the
divorce process: a new period of 20 weeks between the start of
proceedings and confirmation the application can progress to a
conditional order (there is currently no minimum period); and
retain the current minimum timeframe of six weeks between the
conditional order (decree nisi) and the final order (decree
absolute).
- Enable the Lord Chancellor to adjust the time periods by
order, as long as the total period does not exceed 26 weeks.
- Update terminology. For instance, ‘decree nisi’ and ‘decree
absolute’ would be replaced with the terms ‘conditional order’
and ‘final order’ respectively. The term ‘petitioner’ would be
replaced with ‘applicant’.
- The law relating to judicial separation, and to dissolution
of civil partnership and separation of civil partners, would be
changed in a similar way.
- The main provisions of the bill extend and apply to England
and Wales only.
