The Divorce, Dissolution and Separation Bill has been reintroduced by the Government from today (7th January 2020).
The Bill, which will stop ‘blame game’ divorces in the future, was shelved following the proroguing of parliament and consequent general election at the back end of last year.
However, given the cross-party appetite for a law which will save already broken families from being forced into exacerbating a stressful situation by declaring ‘unreasonable behaviour’, adultery, desertion, 2 years’ separation (if the other spouse consents to the divorce) and 5 years’ separation (otherwise) the decision has been made to start the process of amending the law.
The Bill will replace the need to evidence a conduct or separation fact. Instead, couples will need to provide a statement of irretrievable breakdown of the marriage which can be made jointly and will not require any further proof or reason.
This will remove the hostility and blame which inevitably partner contentious accusations like adultery or desertion and will remove the possibility of contesting the decision as a statement will be conclusive evidence of the marriage breakdown.
The bill will also introduce a 20-week period between the initial petition stage and the decree nisi in order to provide a ‘meaningful period of reflection’ prior to a final decision.
Justice Secretary & Lord Chancellor Rt Hon Robert Buckland QC 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.
“By sparing individuals the need to play the blame game, we are stripping out the needless antagonism this creates so families can better move on with their lives.”
Aidan Jones, Chief Executive at relationships charity Relate said:
“We’re pleased to see this important bill being reintroduced to Parliament today and hope for the sake of countless families that it is passed. Evidence tells us that parental conflict is damaging to children’s outcomes in life, yet the current fault-based system leads divorcing partners to apportion blame.
“The proposed changes will encourage a positive start to the new relationship divorcing couples must form as co-parents. Divorce isn’t a decision people tend to take lightly but the introduction of a minimum time frame will provide an opportunity for couples to reflect and seek vital support such as counselling and mediation.”