What’s this about? The fourth report from the Nuffield Foundation about divorce has just been released. The basic message is that the divorce process in England and Wales is just too complicated for those without a solicitor to understand.
Nuffield Foundation? The Nuffield Foundation funds research, analysis, and student programmes that advance educational opportunity and social well-being across the United Kingdom. They want to improve people’s lives, and their ability to participate in society, by understanding the social and economic factors that affect their chances in life. The research they fund aims to improve the design and operation of social policy, particularly in Education, Welfare, and Justice.
And a series of reports? Yes. They have been looking at divorce particularly and whether it should be ‘no fault’ unlike our present system where you often have to point the finger of blame.
And so? We are expecting a change in the law to be proposed. David Gauke, the Lord Chancellor, has said he will put a new draft law before Parliament to change the current divorce law and he should do that before the end of May 2019. However, parliament is a little bit busy at present.
But is this really important? Well, the practical effects can be very stressful. We’ve just had a case decision about a divorce case where the person had applied for a divorce which went through, both parties got remarried and then it came to light that the divorce proceedings were defective and the divorce should not have been granted. The Queens Proctor got involved (because the law had not been complied with) and the case was all about whether the decree absolute could be allowed to stand. If it was set aside or ‘cancelled’ then both parties who remarried, would have committed bigamy by marrying when they were technically already married. This would have big consequences because there was an international element which meant one of the people’s spouses would not have been allowed into the country.
Happily, the divorce was allowed to stand but it is an illustration of how easy it is to get the procedure wrong. As part of the case, a audit was done of how may divorces were technically incorrect – issued within a year of the marriage or not been separated for 2 years but using that basis. The judge was also pretty scathing about the lack of funding for people who find themselves in this mess when there have been errors in the court system or with judges.
If you are not really sure how to deal with the process, we can help and we offer a fixed fee to do that. Contact us!