Divorce Legislation

Baroness Burt of Solihull Excerpts

Wednesday 29th March 2017 Lords Chamber

[Lord Marks of Henley-on-Thames]

To ask Her Majesty’s Government what plans they have to review divorce legislation.

[Baroness Burt of Solihull (LD)]

My Lords, on behalf of my noble friend Lord Marks of Henley-on-Thames, and at his request, I beg leave to ask the Question standing in his name on the Order Paper.

[Baroness Buscombe (Con)]

My Lords, the Government are considering what further reform may be needed to the family justice system so that it better meets the needs of separating couples and families and can achieve the best possible outcomes for them. Options for reviewing divorce law are part of that broader consideration. We will publish a Green Paper with our proposals on family justice in due course.

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[Baroness Burt of Solihull]

I am very grateful to the Minister for that Answer. She will have seen reports over the weekend of a woman being denied a divorce despite there being no prospect of or desire for reconciliation. The judge had no choice in this matter because the law does not allow for no-fault divorce. Is it not high time to change this outdated law, which can trap men and women in unhappy marriages against their will?

[Baroness Buscombe]

My Lords, I do not wish to discuss individual cases. Suffice it to say that the case of Owens, to which I think the noble Baroness refers, is just one of 2% of divorces in which one spouse opposes the divorce petition of the other. It is a high-profile case in the Court of Appeal and not representative of the 98% of divorces decided in the family court every day without the need for any hearing involving the parties. Indeed, in the vast majority of divorce petitions, the evidence put forward by the petitioner will be accepted by the court as sufficient to demonstrate the irretrievable breakdown of the marriage. The debate about removing fault from divorce is long standing, and the Government acknowledge the calls for reform and will consider them alongside other potential family justice reforms.