Should divorce be an administrative rather than a legal process?

Nicola Furmston Cropped

There is talk in the press about the possibility of making divorce an administrative rather than legal process. There is suggestion that the Registry of Births, Deaths and Marriages could officially divorce people, provided both parties consent to the divorce and there are no children.  This would remove any element of legal discretion or analysis as to whether a divorce is really in the best interests of the parties. Some might say that if both parties want a divorce does it really matter whether it is their best interests? People make decisions that later prove detrimental to them in life all the time. Should the state have the right to stop this? The debate will inevitably go on for some time. The important thing however is that rights of all of society, including the most vulnerable, are respected and enabled and, that however divorce is officiated those needing protection from abuse and provision for housing and financial support are able to access the family justice system.


Nicola Furmston is a divorce solicitor at Barker GoteleeSolicitors in Ipswich

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