According to reports in the Guardian and other publications, Sir James Munby is calling for reform in UK divorce laws. The family judge proposes that “the largely administrative and bureaucratic” work of divorcing a couple should be separated from what can often turn into very complex battles about assets. He is calling for the ‘who gets what’ issue to be settled in separate legal proceedings from the divorce itself.

Sir Munby has published commentary on the issue, expanding more on the topic and scrutinising the current state of the UK’s family law courts. In his ‘Latest View from the President’s Chambers’ report, he claims that most of a family judge’s time in a divorce case is taken up with side issues such as ancillary relief, rather than the legal dissolution of the marriage itself. In the commentary, Sir Munby says:

“Has the time not come to bring about a complete de-linking – separation – of divorce and ‘money’ so that they are started and pursued by completely separate processes, albeit, of course, that the timeline for ancillary relief is determined by the progress of the divorce? My view, which I have been propounding for some time, is an unequivocal and emphatic yes!”

The aim of such a change would be to streamline the procedure for getting divorced, to move couples through divorce courts faster – although of course this would push the work of resolving financial disputes and dividing assets onto another part of the court.

Sir Munby, who is the President of the Family Division, is not alone in calling for reform of UK divorce laws and procedures. Many in the legal profession and in the family courts believe that some divorce laws are outdated and have been pushing for reforms for many years. Changes such as allowing ‘no fault’ divorces and even online divorce are regularly put forward as viable improvements to current processes, but as Sir Munby says in his commentary:

“Reform of the substantive divorce law – for example by the introduction of ‘no‐fault’ divorce – requires primary legislation,”

“The lamentable history of procrastination suggests it would be unwise to assume speedy progress.”

Need help with a complicated financial dispute?

It may be the case that you have first-hand experience of the delays and complications caused by complex financial disputes during a divorce. Expert legal guidance can at least make the process easier, quicker and fairer – helping you to get what you’re entitled to with minimal stress and delay. Contact the experienced team at Tracey Miller Family Law, solicitors in Liverpool city centre, for a chat about your circumstances and to see how we could help.