Baroness Butler-Sloss has launched a Private Member’s Bill committing the government to review the current divorce law.
The Bill requires the Government to review existing law on divorce and civil partnership dissolution and to consider the proposal for a regime of no-fault divorce. It is likely to have cross party support and is backed by Resolution who have been campaigning for change to the law on divorce and in cohabitation for a long time.
The Supreme Court has announced this morning that in the case of Owens v Owens heard 17 May 2018 the appeal has been dismissed.
This case highlights the need for clarity in a divorce petition and the clear need for a change in the law.
The current situation of petitioners needing to prove their allegations of unreasonable behaviour against a spouse clearly polarises parties, creates more conflict and tension and is in stark contrast to the approach Resolution family lawyers adopt in practice.
Brighton & Hove Law have found that the delays in Bury are extremely prejudicial to clients and asked Bury for details on how complaints can be lodged. A solicitor at this firm recently telephoned the Court at Bury to ascertain timescales for a decree nisi application to be dealt with only to be told that the application received in the first week of May had not actually been processed and even gone to a Judge until the 3rd week in June and the Court would only chase the application once it had been with the Judge for 2 months!
These were the self imposed timescales that the Court is now working to. It is extremely frustrating as the delay and inefficiency snowballs and creates further work for everyone as practitioners and clients end up writing numerous letters and making numerous calls to chase applications so the paperwork overall for the Court is actually increased. If you want to divorce or are considering divorcing your spouse the current timescales have to be factored into the decision making.