1 Review of law

(1) The Lord Chancellor must conduct a review of the law of England and Wales
relating to—

(a) divorce and judicial separation, and

(b) 5the dissolution of civil partnerships and the separation of civil partners.

(2) The review must in particular consider replacing the current law with a scheme
for divorce and judicial separation, and the equivalent for civil partnerships,
based on a system of application and confirmation (and such a scheme is set
out in the Schedule).

(3) 10The review must include consideration of—

(a) any procedural implications of its proposals, and

(b) the consequences of its proposals for other relevant connected matters,
such as (for example) financial provision and arrangements for
children.

(4) 15The Lord Chancellor must begin the review before the end of the period of six
months beginning with the day on which this Act is passed.

(5) The Lord Chancellor must lay before Parliament a report of the conclusions of
the review and of any proposals which it makes.

(6) The Lord Chancellor must report to Parliament about the progress of the
20review—

(a) before the end of the period of six months beginning with the day on
which the review began, and

(b) then before the end of each further period of six months beginning with
the day of the most recent progress report, until the report of the review
is laid before Parliament in accordance with subsection (5).

2 Extent, commencement and short title

(1) 5This Act extends to England and Wales only.

(2) This Act comes into force at the end of the period of two months beginning
with the day on which it is passed.

(3) This Act may be cited as the Divorce (etc.) Law Review Act 2018.

Section 1

Section 1SCHEDULE

Scheme for reformed law of divorce etc.

Ground for divorce etc.

1 The sole ground for divorce or judicial separation, or the dissolution of a
5civil partnership or the separation of civil partners, is to be irretrievable
breakdown of the marriage or civil partnership.

2 (1) The irretrievable breakdown is to be evidenced in each case by—

(a) the making of an application to the court, and

(b) the subsequent confirmation of that application.

(2) 10No further evidence or reason is to be required.

Application

3 (1) No application for an order for divorce, or for dissolution of a civil
partnership, may be made before the end of the period of one year beginning
with the day of the marriage or civil partnership.

(2) 15An application for an order for judicial separation, or in the case of a civil
partnership for a separation order, may be made at any time after the day of
the marriage or civil partnership.

4 (1) An application may be made by one party to the marriage or civil
partnership, or by both of them jointly.

(2) 20If the application is made by one party only, the other may join in the
application later.

5 If an application is made by one party only, the other must be (or be deemed
to have been) given notice of it.

6 (1) An application made by one party only may be withdrawn by that party
25before it is confirmed.

(2) A joint application may be withdrawn by both parties jointly before it is
confirmed.

(3) One party may withdraw from a joint application before it is confirmed, and
from then on the application is to be treated as having been made by the
30other party only.

Confirmation

7 (1) Either party, or both of them jointly, may by giving notice to the court
confirm an application which has not been withdrawn.

(2) A party confirming need not have made or joined in the application.

(3) No confirmation may be given before the end of the period of nine months
beginning with the day on which—

(a) notice of the application was (or was deemed to have been) given to
the other party in accordance with paragraph 5, if the application
5was made by one party only, or

(b) the application was made, if it was made by both parties jointly.

8 An application which is not confirmed expires at the end of the period of two
years beginning with the day mentioned in paragraph 7(3).

Order

9 10The court may not make the order sought before the application has been
confirmed.

10 In the case of an application made or confirmation given by one party only,
the consent of the other to the order sought is not required.