19 December, 2018
The Ministry of Justice wants to test a minimum six-month wait for a Decree Absolute to be granted. The basis of this is that the Ministry of Justice thinks this will allow a sufficient period for most couples to consider the implications of divorce and reach a practical agreement on arrangements whilst not being so long of a period that it would have a long term effect on children.
In response, the Bar's Council has questioned the need to extend the current minimum period of 6 weeks and 1 day and the Bar's representative body has warned that the proposal of waiting six months before finalising a divorce is unacceptable for those couples who do not have children.
It has been noted that the current period of 6 weeks and one day is merely a minimum and the Court will not make a Decree Absolute until it is satisfied that the making of the same will not cause hardship. The Court also has to be satisfied that appropriate arrangements have been made for any children.
For further information please contact our Family team via email or phone 0800 689 1058. Alternatively send any question through to Forbes Solicitors via our online Contact Form.