Government publishes new bill to reform divorce law

The government has published its new bill designed to reform divorce law and “remove the need for separating couples to blame one another for the breakdown of their marriage”.

The Divorce, Dissolution and Separation Bill represents the biggest shake-up of divorce laws in half a century and aims to reduce the impact that allegations of blame can have on a couple and their children.

Currently, one spouse has to make accusations about the other’s conduct, such as ‘unreasonable behaviour’ or adultery, or otherwise face a long wait before a divorce can be granted – regardless of whether a couple have made a mutual decision to separate.

The new law will remove this ‘blame game’ by allowing one spouse – or the couple jointly – to make a statement of irretrievable breakdown. It will also stop one partner contesting a divorce if the other wants one – which in some cases has allowed domestic abusers to exercise further coercive control over their victim.

The Bill was first introduced in June 2019 after a public consultation and is being brought before Parliament again following the General Election.

Justice Secretary & Lord Chancellor Robert Buckland MP said: “The institution of marriage will always be vitally important, but we must never allow a situation where our laws exacerbate conflict and harm a child’s upbringing.

“Our reforms will stop divorcing couples having to make unnecessary allegations against one another and instead help them focus on separating amicably.

“The Bill will bring divorce law in line with the government’s approach to family justice – avoiding confrontation wherever possible and reducing its damaging effect on children in particular.

“Crucially, it will also introduce a 20-week period between the initial petition stage and when the court grants the provisional decree of divorce (the ‘decree nisi’). This will provide a meaningful period of reflection and the chance to turn back, or where divorce is inevitable, it will better enable couples to cooperate and make arrangements for the future.”

Specifically, the Divorce, Dissolution and Separation Bill will:

•  replace the current requirement to evidence either a conduct or separation ‘fact’ with the provision of a statement of irretrievable breakdown of the marriage (couples can opt to make this a joint statement)
•  remove the possibility of contesting the decision to divorce, as a statement will be conclusive evidence that the marriage has irretrievably broken down
•  introduce a new minimum period of 20 weeks from the start of proceedings to confirmation to the court that a conditional order of divorce may be made, allowing greater opportunity for couples to agree practical arrangements for the future where reconciliation is not possible and divorce is inevitable.

We shall keep clients informed of developments.

Please contact Paul Owen or Kirsty Bowers if you would like advice about divorce or any aspect of family law.