What does the suspension of Parliament mean for Family Law and the “No Fault Divorce”?

When Parliament is prorogued, any bills that have not yet received Royal Assent are dropped. This does not stop the bill being reintroduced after Parliament returns, but all progress made up to the point that Parliament is suspended is lost and the bill has to be re-considered and scrutinised all over again. This means that whilst many post-Brexit laws regarding immigration and trade fall away so does the bill reforming the law of Divorce, Dissolution and Separation, which was set to introduce the now commonly known “No Fault Divorce”.

The need for a “No Fault Divorce” came to the government’s attention after the Supreme Court determined in the case of Owens v Owens that a separated couple must remain married, because they had not demonstrated behaviour that meant they could no longer be expected to the live together as husband and wife. The Supreme Court expressed their concern with the law as it currently stands, but made clear that it is not their place to change the law; that is the role of Parliament. This has caused much campaigning about the need for reform to Divorce Law in England and Wales, so that couples can divorce with less disruption to their families.  It is hoped that Parliament will reintroduce the bill as soon as possible after it resumes on the 14^th October 2019.

In addition to the Divorce, Dissolution and Separation Bill the Domestic Abuse bill designed to better explain the type of behaviour that constitutes domestic abuse and encourage victims to report such behaviour has also been dropped. Unlike the Divorce, Dissolution and Separation Bill, the Domestic Abuse bill was at the start of its consultation. However, it has still taken over two years to reach this point and Sir James Munby, the former president of the Family Division, makes clear that this is a vitally important bill and calls for it to be reintroduced as soon as Parliament resumes.

For more information about Family Law, visit our Family Solicitors page.

The new legislative agenda is due to be set out in the Queens Speech in October; if you have any concerns as to how this may affect your own circumstances, then for more information please contact the Franklins Family Law Team on 01908 660966/ 01604 828282 pr email family@franklins-sols.co.uk.