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The traps in the Divorce etc Bill that could cause as much harm as finding fault

Date:5 MAR 2020
Third slide
Consultant & mediator

Traditional marriage etiquette recommends sending out wedding invitations 6-8 weeks before the big day.  Under the proposed new divorce reform a spouse might have the same amount of notice of the ending of their marriage.

With possibly the fastest divorce anywhere for a respondent about to be unleashed Parliament must urgently reconsider the time frames in the Bill that advantage the applicant who is also given the power to remove fairness equality and civility from the process.

The irony is that the Bill is rightly being hailed as a triumph in seeking to end the formalised blame game.  Yet the proposed law as drafted will fail to meet the two key principles set out in the original consultation paper:-

  • that the decision to divorce continues to be a considered one giving spouses the opportunity to change course;
  • that they [the spouses] are not put through legal requirements that do not serve their or the state’s interests and can lead to ongoing conflict and poor outcomes for children.

Most people are aware of the proposed minimum 26 week timescale to divorce.  However it is only 26 weeks for the applicant.  The...

Read the full article here.