The bar has warned that making couples wait 6 months for a divorce is an ‘unacceptable delay’ for those who do not have children.

The Ministry of Justice had presented its report following a consultation on the reform of divorce. The Ministry suggested that they wanted to test a six month forced delay on allowing a Decree Nisi to be made Absolute. Currently, the period a Petitioner has to wait for a Decree Nisi to be made absolute is six weeks and one day.

The Ministry said that “We think this allows a sufficient period for most couples to consider the implications of divorce and reach agreement on practical arrangements, while not being so long a period of uncertainty that would have long-term effect on children.”

The bar have replied stating, “it is not clear whether there is empirical or anecdotal evidence that evidence that the current period of 6 weeks and 1 day is too short a period of time and what the reasoning is for extending it to 6 months. The period is a minimum and a decree absolute will not be made until the court is satisfied that to make a decree absolute will not cause hardship and, in the case of marriage with dependent children, that satisfactory arrangements have been made for the children.”