A Cheshire lawyer has questioned whether new divorce legislation, set to be implemented this month, goes far enough to improve the current system.

Whilst acknowledging that the change was overall a positive one, Claire Porter, a specialist in family law and partner at SAS Daniels LLP Chester, feels that parts of the divorce process in the UK remain outdated.

One key element which remains difficult for the expert lawyer is that couples must stay married for a year before they are eligible to submit an application.

"I have always found it strange that people can get married in 29 days, but are by law, required to wait 12 months in order to get divorced in England and Wales.

"People make mistakes and should be able to remedy those quickly and conveniently. In other countries, there is no bar as to when a spouse can petition for divorce, for example, Kim Kardashian’s high-profile marriage which she could apply to exit after 72 days, thanks to legislation in place in certain American states."

Also, under the current divorce law, couples must allege their partner is to blame for the breakdown of the marriage, which can be established in court via adultery, separation, desertion, or unreasonable behaviour.

The new legislation would mean a no-fault divorce (coming in on 6 April) without the need for either party to attribute fault or undergo lengthy separation periods.

Claire Porter said: "The new no-fault divorce law is set to make a stressful, emotive process simpler for couples, whilst reducing conflict between partners.

"Often, when couples seek a separation - simply because they have grown apart, allegations raised about conduct often get parties off on the wrong foot by attributing blame from the beginning, making the whole process tense from the start.

The new rules now enable a married couple to make a joint application for divorce. Whilst the sole ground for divorcing remains the same – that the marriage has broken down irretrievably – and must be confirmed in a statement from the applicant, no other facts or details need to be provided.

Respondents will also be unable to contest to their partner’s decision to divorce, ultimately minimising the risk of spouses being subjected to a lengthy divorce process.

"For some spouses who feel betrayed by their partners due to adultery or desertion, divorce can be a cathartic process for them to tell their story.

"This, however, is very rarely helpful and makes other issues such as arrangements for the children and finances even more acrimonious.

"Partners in those situations should look outside the court to address those problems, as the divorce petition should not be the arena to purge those issues.

"Hopefully, with the new legislation, we will see less hostility during proceedings and divorced couples can move on with their lives in an amicable way."

Whilst there is a long way to go, SAS Daniels' family law specialist believes that this ultimately is a step in the right direction.

"Throughout my career, I’ve seen first-hand how difficult separation is for spouses. Divorce is most definitely hard enough without adding fuel to the fire by assigning blame.

"I hope that the new law will help reduce conflict - where partners don’t see each other as the enemy, making it a more positive experience for the majority of people."