Divorce law reform faces delays
Couples looking for a no-fault divorce beneath new legislation will now have to wait until 2022, the authorities have shown.
The implementation of the Divorce, Dissolution, and Separation Act will now come into pressure on April 6, 2022, no longer in October as the government had in the beginning planned.
In a written answer to a question posed by Conservative MP Jane Stevenson, posted the day before today (June 7), Chris Philp, parliamentary below the secretary of the kingdom at the Ministry of Justice, said the authentic implementation date has been “bold”, even though the bill acquired Royal Assent in June 2020.
He said the government had started work to perceive, layout, and build the necessary amendments to court paperwork and amend the online digital divorce carrier whilst rules are being finalized.
But he admitted these amendments would no longer be completed earlier than the stop of the 12 months.
Philp stated: “The Ministry of Justice is committed to making sure that the amended virtual carrier permits a smooth transition from the present provider which has reformed the manner divorce are run within the courts and stepped forward the provider received using divorcing couples at a stressful factor of their lives.
“Following certain layout work, it’s far now clear that these amendments, along with the whole and rigorous checking out of the new machine ahead of implementation, will now not finish earlier than the give up of the yr.
“While this postpone is unfortunate, we must take some time to get this right.”
The no-fault regulation would require divorcing couples to offer a declaration of irretrievable breakdown and update the need for evidence of conduct, together with adultery or unreasonable behaviour or evidence of separation.
According to the authorities, the act gives for the most important reform of divorce regulation in 50 years. It will reduce warfare between couples legally ending a marriage or civil partnership as they will no longer blame every other for the breakdown.
A Ministry of Justice spokesperson said: “Our changes will assist divorcing couples to remedy their troubles amicably by ending the unnecessary ‘blame game’ that may exacerbate war and damage a baby’s upbringing.
“These measures constitute the biggest reform to divorce laws in 50 years, so it is right that we take time to make sure they may be implemented as smoothly as feasible.”
Alongside the no-fault guidelines, the Divorce, Dissolution, and Separation Act will cast off the possibility of contesting the selection to divorce, as a statement could be conclusive evidence that the marriage has irretrievably broken down.
It also introduces a minimal duration of 20 weeks from the beginning of complaints to confirmation to the court docket that a conditional order of divorce can be made.
Kate Daly, the co-founding father of divorce provider Amicable, said: “We’re disappointed to hear the no-fault divorce bill is due to be delayed until 2022. It’s the most important reform to UK divorce law in 50 years, so we can’t manage to pay for to hurry it, but we see first-hand the emotional toll that divorce lawsuits can cause when performed in an acrimonious, fault-locating way.”
She added: “At Amicable, we’ve got helped lots of human beings untie the knot harmoniously, and a lot of humans we’ve spoken to are holding off until the brand new legal guidelines come into the vicinity. Waiting longer ought to prove notably hard emotionally and has additional implications and no longer be capable of finalising monetary preparations.
“The Ministry of Justice needs to clear up those technical problems as a concern to help human beings attain efficient agreements.”