Easier way for some couples to get divorced: consultation - easy read version

What we think could be changed

We think that divorce could be made easier for some couples:

• who have children younger than 16 years old, and
• who agree on how they are going to care for their children

or

• who have:
  • a mental illness
  • a learning disability
  • a personality disorder

We want to know what you think about whether couples like these should be able to get a simplified divorce, instead of the ordinary divorce.

More than half of all divorces happen using the simplified procedure at the moment.

At the moment all of the following things need to be true to get a simplified divorce:

• the 2 people have lived apart for a year and have agreed to divorce – or they have lived apart for 2 years

• neither of the 2 people have asked the courts to make a decision about money

• neither of the 2 people are struggling to cope with daily life or to communicate their decisions because of:
  • a mental illness
  • a learning disability
  • a personality disorder

• there are no other things going through court which may also end the marriage or civil partnership

• there are no children younger than 16

But we think there are 2 things which could be changed by law.

1. We think that 2 people with children younger than 16 could also get a simplified divorce.

2. We think that the law could be changed to let people who have:

• a mental illness
• a learning disability
• a personality disorder

get a simplified divorce as long as they can understand and communicate their decisions.

At the moment these 3 are called ‘mental disorders’ and someone with any 1 of these cannot get a simplified divorce.

• But we think that many people with:
  • a mental illness
  • a learning disability
  • a personality disorder

should be able to decide to get divorced.

They should be able to divorce easily and cheaply.