Divorce Law

Baroness Anelay of St Johns Excerpts

Thursday 6th September 2018 Lords Chamber

Asked by

[Baroness Anelay of St Johns]

To ask Her Majesty’s Government what plans they have, if any, to reform divorce laws in England and Wales.

[Baroness Vere of Norbiton (Con)]

My Lords, divorce is a challenging time for couples and their children. This is particularly the case when people have to deal with allegations about a spouse’s conduct. The Government are looking closely at divorce law to see what can be done to reduce conflict. We want above all to limit the adverse impact on children. The Government are also listening to calls to change the law on financial provision in divorce. We are open to reviewing the evidence for change.

[Baroness Anelay of St Johns (Con)]

I thank my noble friend for her considered response. Surely, the recent case of Owens v Owens has shown clearly that our divorce law is not working; it is not up to standard. It encourages people to enter into a blame game and therefore increases acrimony within the family. Can I press my noble friend a little further? Can she now confirm, as reported in the press, that Justice Ministers want to work with the noble and learned Baroness, Lady Butler-Sloss, on her Private Member’s Bill, to take forward divorce law reform?

[Baroness Vere of Norbiton]

The case of Owens v Owens in the Supreme Court this summer is not typical. Only 2% of respondents contest the divorce and only a handful of those do so in a contested court hearing. However, we have noted the judgment and, as importantly, the comments of Lord Justice Munby that change is needed. My right honourable friend the Lord Chancellor is sympathetic to the argument for reform and appreciates the positive changes being put forward by the noble and learned Baroness, Lady Butler-Sloss, in her Private Member’s Bill. We look forward to working with her.