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

Our plans

We would need to change the law to say that 2 people who have children under 16 can get a simplified divorce.

And so can 2 people who may have:

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

The new law would say that 2 people with children can only get a simplified divorce if:

• both people agree on how their children are going to be cared for
• they fill in a form for each child explaining how the child will be cared for

• each child’s form is signed by both people to show they agree

If the court is not sure about the child’s care, they will have a hearing.

A hearing is a special meeting.

At the hearing the court will decide if the divorce can carry on happening the simplified way, or whether it needs to be changed to an ordinary divorce.

We would also need to change the law to make sure that legal aid is available for these hearings, if someone cannot pay their own legal costs.

Legal aid is help for you to pay for a solicitor or an advocate to speak for you in court.

An advocate is a special type of solicitor who can speak up for you in cases like divorces.

The new law would let people with:

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

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

If someone could not:

• understand a divorce
• make a decision
• tell others what they thought

they cannot get a simplified divorce.

If the law was changed, some things would cost less.

For example, court fees and legal aid.

But some things would cost more.

For example, people choosing to use a solicitor for a simplified divorce where they have children under 16 could be charged more because of the extra forms.