The Lord Justices, led by Justice Lady Hale, called on parliament to consider whether the law governing the entitlement to divorce was satisfactory.
The Divorce, Dissolution and Separation Bill 2019-2021 is the result and the new law will allow for a couple to apply jointly for a divorce, or where the couple can not agree, allow one party can apply on their own.
The applicant simply has to provide a sworn statement confirming that the marriage has broken down irretrievably, and it cannot generally be challenged.
In a praiseworthy move, the language used by the Bill also aims to increase accessibility by using words such as a divorce application and order rather than the current petition and decrees.
Cooling off periods
However, there is a sting in the tail. The current wording of the Bill proposes cooling off periods at intervals – so that all in all there is a mandatory six months from beginning to end.
There is even a suggestion – though not confirmed – that the cooling off period will be extended to one year and it will be impossible in some cases to make applications concerning financial issues until after the cooling off period has ended.
If this comes about then it will in some circumstances significantly extend the time it takes to get a divorce and increase the cost. It would appear that these delays have been deliberately included not least to prevent an unseemly rush to post-lockdown divorce.
It is true, of course, that Covid and the extended confinement has tested, even if only momentarily, all but the strongest marriages.
In China, the authorities have felt it wise to impose a cooling off period of 30 days for their own couples currently keen to spend any second surge of the virus in different company. Even though Chinese citizens are well used to an interventionist government this has proved a very unpopular move.
It is also true to say that in the vast majority of cases, people go through a great deal of thinking before they reach the point of petitioning for a divorce, and at that point they are pretty resolute in their decision.
Of course, the decision is complicated and the implications will reverberate for some time, often through several generations. However, by the time our clients speak to us they have usually been through a lot of soul searching.
They are understandably keen to proceed and to conclude the divorce so that they can move on with their lives.
If there is a modicum of doubt as to whether they are certain about their decision, couples counselling is available and certainly will be encouraged.
