Today, 13 June 2019, Mr David Gauke (The Lord Chancellor and Secretary of State for Justice) issued the following statement on the Divorce, Dissolution and Separation Bill. The statement has also been made in the House of Lords: HLWS1584. Links to the Bill as introduced and its Explanatory Notes are here and here.
I am pleased to announce that the Government is today introducing in the House of Commons the Divorce, Dissolution and Separation Bill. This legislation follows the Government’s response to the consultation on reform of the legal requirements for divorce in England and Wales. I previously laid this response before Parliament [Official Report, 9 April 2019 vol 658 c8WS].
Marriage and family have long been vitally important to our functioning as a society. Where a marriage or civil partnership regrettably breaks down and is beyond repair, the law must deal with that reality with the minimum of acrimony by creating the conditions for people to move forward and agree arrangements for the future in an orderly and constructive way. Above all, the legal process should not exacerbate conflict between parents, as this is especially damaging for children. The process must better support and encourage parents to cooperate in bringing up their children.
The evidence is clear that the current legal requirements can needlessly rake up the past to justify the legal ending of a relationship that is no longer a beneficial and functioning one. The requirement for one person to blame the other – if it is not practical for them to have separated for at least two years – can introduce or worsen conflict at the outset of the process, conflict that may continue long after the legal process has concluded. Allegations about a spouse’s conduct may bear no relation to the real cause of the breakdown. Such allegations do not serve the interests of society or help family relationships to heal. Instead, they can be damaging to any prospects for couples to reconcile or to agree practical arrangements for the future. In the extremely difficult circumstances of divorce, the law should allow couples, where reconciliation is not possible, to move on constructively.
The Divorce, Dissolution and Separation Bill will change or remove conflict flashpoints. It will align the law with the non-confrontational approach that Parliament has enacted in other areas of family law. Among its measures, the Bill will replace the requirement to prove spousal conduct or that the couple have been separated for at least two years with the requirement to file a statement of irretrievable breakdown of the marriage or civil partnership. It will introduce a new minimum period of twenty weeks between the start of proceedings and confirmation to the court that the conditional order should be made. This will make the period before the conditional order is granted longer for most people, and so allow better opportunity for reflecting on the decision to divorce and, where this is inevitable, agreeing practical arrangements for the future.
This is an important piece of legislation that will bring long overdue reform. It is not about making the decision to divorce or to dissolve a civil partnership easier. That will remain one of the hardest decisions anyone can take. It is about reforming those elements of the current legal process that can exacerbate conflict and cause unnecessary distress at an already difficult time, and better supporting agreement about arrangements for the future. I know that Honourable and Right Honourable Members will take great interest in this opportunity to make a positive impact on the lives of the many families who sadly find themselves affected by breakdown. My Ministerial colleagues and I look forward to working with them through the passage of the Bill.