August 28, 2019

Has Boris killed off no fault divorce?

Simon Bassett, Partner and Head of Family Law at RWK Goodman comments:

“The Divorce, Dissolution and Separation Bill has been widely welcomed by the legal profession, the judiciary, MPs and separating couples, but is increasingly looking likely to fall victim to the Government’s Brexit timetable.

“Introduced by David Gauke, then Secretary of State for Justice under Theresa May’s government and now outside of the Cabinet, there is a very real risk that the new Prime Minister will use the suspension of Parliament to clear out the legislative agenda of his predecessor.  This could easily be done by simply failing to find the time for its third reading or overlooking its reintroduction.

“That would be a damaging blow for couples wishing to separate.  Divorce is always a challenging time and that is not made any easier by the constraints of the current legislation.  The introduction of no-fault divorce would make it easier for couples to separate without having to point the finger of blame and the passions that can arise as a result.

“We would urge the Government to find the time to see through this important and relatively straightforward piece of legislation before Parliament is suspended or guarantee its reintroduction in the Queen's Speech later this year.  To let it fall by the wayside would be an enormous disservice.”

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