KembaraXtra - Legal Terms - Special Procedure (Divorce Proceedings)

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1. Introduction

Special procedure was a simplified method of dealing with uncontested divorce proceedings in England and Wales that was introduced during the mid-1970s to make the dissolution of marriage quicker, less expensive, and less formal. Before its introduction, divorce proceedings often required greater judicial involvement and, in some cases, attendance by the parties in court even where there was no dispute between them. The special procedure recognised that where both spouses accepted that the marriage had irretrievably broken down and no issues required judicial determination, a simplified administrative process was sufficient. Its introduction marked a significant reform of family law by reducing unnecessary delay and making divorce proceedings more accessible to the public. For many years, the overwhelming majority of uncontested divorces were processed under this streamlined procedure.

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2. Historical Development

The special procedure emerged as part of broader reforms aimed at modernising English family law during the latter half of the twentieth century. Prior to these reforms, divorce proceedings frequently involved greater procedural complexity, higher legal costs, and a more formal court process even where there was no genuine dispute between the parties. The increasing number of uncontested divorce petitions demonstrated that much of the traditional procedure served little practical purpose and unnecessarily consumed judicial resources. Parliament therefore introduced a system under which routine, uncontested divorces could be processed administratively while preserving judicial oversight where required. This innovation significantly altered the administration of divorce law and became one of the most successful procedural reforms within the family justice system.

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3. Procedure under the Former System

Under the former special procedure, a district judge carefully examined the divorce application together with the supporting evidence submitted by the petitioner. The judge’s task was to determine whether the statutory ground for divorce had been established in accordance with the Matrimonial Causes Act 1973 and whether all procedural requirements had been satisfied. If satisfied that the petition disclosed a valid legal basis for granting a divorce, the district judge issued a certificate confirming that the case was suitable to proceed. The decree was then formally pronounced in open court without requiring either spouse to attend personally, thereby reducing both the emotional burden and financial cost associated with uncontested proceedings. This administrative scrutiny ensured that divorces were granted lawfully while avoiding unnecessary court hearings in straightforward cases.

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4. Reform under the Divorce, Dissolution and Separation Act 2020

A fundamental change to divorce law occurred with the enactment of the Divorce, Dissolution and Separation Act 2020, which introduced the modern system of no-fault divorce in England and Wales. Under the new legislation, the court is no longer required to investigate or scrutinise the factual reasons why the marriage has broken down. Instead, a simple statement made by one spouse, or jointly by both spouses, that the marriage has irretrievably broken down is treated as conclusive evidence of that fact. This reform abolished the former requirement to rely upon one of the statutory facts such as adultery, unreasonable behaviour, desertion, or periods of separation. The new approach significantly reduced conflict between spouses by removing the need to attribute blame as part of the divorce process.

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5. Practical Significance

The introduction of the former special procedure, followed by the comprehensive reforms implemented by the Divorce, Dissolution and Separation Act 2020, has transformed the administration of divorce proceedings in England and Wales. Modern divorce applications are now processed through a simplified and predominantly administrative system that reflects the reality that many marriages end without disputed factual issues requiring judicial investigation. The removal of fault-based allegations has reduced hostility between separating couples and has encouraged a more constructive approach to resolving financial and child-related matters following relationship breakdown. Courts are consequently able to devote greater attention to genuinely contested family disputes while processing straightforward divorces more efficiently. These procedural developments have made family justice more accessible, proportionate, and responsive to contemporary social needs.

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6. Legal Importance

The former special procedure represents an important milestone in the historical development of English family law because it demonstrated that uncontested divorce proceedings could be administered efficiently without compromising judicial oversight or legal certainty. Although the procedure itself has effectively been superseded by the modern no-fault divorce regime introduced by the Divorce, Dissolution and Separation Act 2020, its underlying objective of simplifying divorce remains central to contemporary family justice. The current system continues the philosophy first embodied by the special procedure by reducing unnecessary litigation, minimising conflict, and allowing marriages that have irretrievably broken down to be dissolved with dignity and fairness. The evolution from the special procedure to the present statutory framework illustrates the continuing effort of Parliament to modernise family law in accordance with changing social values and practical realities. Today, the historical significance of the special procedure lies in its role as the foundation upon which the modern system of simplified divorce has been built.