Our Blogs

Recently, in an attempt to speed up the divorce process, HMCTS announced that all uncontested divorce applications will be processed by one of 11 ‘divorce centres’ located throughout England and Wales. They have also declared that all uncontested applications for a Decree Nisi will be reviewed by ‘legal advisers’ rather than members of the judiciary. Whilst this is likely to result in uncontested divorces being processed more quickly, though, just how quickly has been misreported somewhat. The Daily Mail, the Telegraph and numerous other publications have claimed that these ‘centres’ will aim to process applications within a maximum of 48 hours, implying that a couple can end their marriage within just two days. As the only changes that are to be made to the divorce process are those which have been outlined above, however, this is simply not possible. As stated, the only alterations that have been made concern the implementation of ‘divorce centres’ (where all uncontested applications will be filed) and that ‘legal advisers’ rather than judges will review Decree Nisi applications. As a result, the length of time between applying for a Decree Nisi and one being granted should be significantly reduced but, as this is only one part of the divorce process, any reports suggesting that divorces will now be granted in 48 hours are wide of the mark. Fortunately, as a Decree Absolute (confirmation that the divorce has been finalised) cannot be granted for at least six weeks and one day until after the Decree Nisi has been granted – coupled with the fact that, due to a lack of judiciary resources, these have been taking several weeks to process – divorces should be processed far more quickly once these changes have fully come into effect. Overall, this change is to be welcomed. Several commentators from religious groups have claimed that they will ‘further erode the institute of marriage’ but, as others have claimed (correctly, in our opinion) it is not the legal process of ending a marriage that deters people from divorce. Equally relevant is the fact that prolonging the process, making it more complex or increasing the cost is only likely to exacerbate an already difficult experience thus causing further harm to those involved.