
The Government has approved legislative proposals that will reduce the required separation period for couples who want to get divorced.
The Family Law Bill 2019, which was approved by Cabinet, follows the referendum on divorce in May of this year.
Family Law (Divorce) (Amendment) Bill 2019 proposes to amend section 5 of Family Law (Divorce) Act 1996 by inserting a two out of three previous years for four out of five previous when determining a the period of living apart for estranged couples.
The change if enacted is expected to facilitated couples who are already living apart for prolonged period to seek a Divorce rather than a Judicial Separation. It remains to be seen whether the change would increase or decrease applicants for both Divorces and Judicial Separations.
The Judicial Separation and Family Law Reform Act 1989 permitted applicants for judicial separation to apply for court orders dealing with finance and property once a couple have been living apart for more than 12 months.
Johnson and Company Solicitors have many years experience in Family Law, Divorce and Judicial Separation. If you wish to discuss these issues please contact us.