The first reading of the Divorce, Dissolution and Separation bill (the “Bill”) took place in the House of Commons on 25 March 2020. The date for the second reading will shortly be scheduled.

The Bill has passed through the House of Lords and at the first reading was formally published as a House of Commons paper. The next stage, the second reading, will give MPs the opportunity to debate the contents of the Bill.

The Bill will amend the current Matrimonial Causes Act 1973 and Civil Partnerships Act 2004.

If you intend to begin proceedings to divorce your spouse or dissolve your civil partnership, the current law requires you to demonstrate to the court that your marriage or civil partnership has irretrievably broken down.

To do this, if you are the Petitioner (the person applying for divorce) must rely on one of the following facts to show your marriage or civil partnership has irretrievably broken down:

1.      The Respondent has committed adultery (same sex couples cannot rely on this fact given the legal definition of adultery);

2.      The Respondent has behaved unreasonably;

3.      That the Respondent has deserted you, in that they left you without your consent for a period of two years before you issue divorce proceedings;

4.      You have been separated for two years and the Respondent consents to the divorce or dissolution proceedings; or

5.      You have been separated for five years and the Respondent does not need to consent to the divorce or dissolution proceedings.

Evidently, demonstrating one of the above facts can be difficult and can also cause unnecessary hostility between you and your spouse or civil partner.

The Bill intends to reduce such difficulties and will require you to provide a statement of irretrievable breakdown and no further evidence will be required.

The court will issue a conditional order within 20 weeks of the divorce or dissolution proceedings being issued, which will replace the current Decree Nisi stage. After a further six weeks, it will be possible to apply for the final order, which will replace the current Decree Absolute stage.

If you would like any further information or advice in relation to divorce or dissolving a civil partnership, our specialist family lawyers are happy to help. Our lawyers have offices based in Wolverhampton and Cradley Heath and provide assistance to clients across the West Midlands including: Stourbridge, Kidderminster, Birmingham, Dudley and Walsall. 

For all new enquiries, please call 01902 328 355 or complete our online enquiry form and a member of our team will respond.