Changes to Divorce?

It has been reported that Sir James Munby, the Family Division President, has suggested that there may be a change to how divorces are administered in the future with no fault divorces being dealt with by a Registrar.

The suggestion by Sir James Munby is that it would only affect divorces by consent in which there were no claims over money and children were not involved.  The question that this raises is whether or not the system would be open to abuse, especially of vulnerable adults.

Divorce rates have increased dramatically over the years.  In 1950 there were just over 38,000 divorces in England and Wales whilst in 2010 this had increased to almost 120,000.  In making the process of divorce simpler are you taking away from the sanctity of marriage?

I think that there is a role for the Courts to play in divorce and in the other arrangements that follow on from the separation of a couple.  I agree that where ever possible parties should try to reach agreement in relation to financial and children matters however, the presence of the Court can impress upon the parties the seriousness of their decision and also bring formality to such matters as financial arrangements.

There are no clear plans to bring these changes in to effect in the immediate future and only time will tell as to whether these proposals will ever make their way in to our legislation. 

Gamlins Law have offices throughout North Wales.  Visit our website at www.gamlinslaw.co.uk for contact details or alternatively please email me on sian.williams@gamlins.co.uk

Note – All views expressed in this article are of the personal view of Sian Williams and are not necessarily shared by Gamlins Law.