Should divorce be a court matter?

In my opinion, divorce shouldn't be a court matter. Courts should be for criminal cases, and breach of contract, not relationship problems. The use of court in divorce increases time, expense, stress, and in some cases–publicity.

What is the alternative I hear you ask?

Divorce can be messier due to court issues.

If the couple already decided on everything, they should be able to go to an office, fill out a form, and tada—divorced! In Heiress Victoria Luckwell's divorce, her prenuptial agreement was ignored by the court, who gave her husband £1.2 million although he had signed a prenuptial agreement multiple times that agreed he would get none of her wealth. If the divorce had been an administration process rather than court, they could've both got what they wanted and been happier.

Obviously, I understand it doesn't always work like this, often couples cannot decide on issues such as spousal support and child maintenance. I believe alternative dispute resolution would work perfectly well, but with no need to go to court after the decision has been made. The couples relationship would be the main factor in deciding which form of ADR is used, obviously mediation would be ideal, but if the couple weren't on speaking terms conciliation (where a third party goes between the two parties and helps them reach decisions) would be good too, and if they didn't want to communicate with each other at all, even arbitration (where third parties come to a decision on behalf of the couple) would likely be better than going to court. After ADR, rather than having to go to court to declare things, they would just have to file some forms (or have a 3rd party do it for them).

Also, as the divorce process currently involves proving the marriage has "irretrievably broken-down", it can be emotionally draining. People shouldn't have to prove anything to other people about their marriage. If both partners want a divorce, why shouldn't they be allowed one? Current divorce laws were drafted up by a generation of politicians brought up in the post Victorian era, and have been criticised for being incomplete and uninformative. If the decision was made through ADR, the only rule that would need to be followed strictly is the one that says both partners must agree.

What's your opinion on divorce as it is now? How do you think it could be changed to be improved? Comment below!