Nuptial Agreements

Debate between Baroness Shackleton of Belgravia and Lord Bellamy

Tuesday 25th April 2023 Lords Chamber

[Baroness Shackleton of Belgravia]

To ask His Majesty’s Government what plans they have to introduce the draft Nuptial Agreements Bill, as drafted and recommended by the Law Commission in its Matrimonial Property, Needs and Agreements report, published on 26 February 2014 (HC 1089).

[The Parliamentary Under-Secretary of State, Ministry of Justice (Lord Bellamy) (Con)]

My Lords, it was announced on 4 April that the Law Commission will be conducting a review of the law on financial provision on divorce. While this review is taking place, the Government do not consider it the right time to legislate in respect of nuptial agreements. The Government favour a holistic rather than a piecemeal approach to any future legislative reform in this area.

--- Later in debate ---

[Baroness Shackleton of Belgravia (Con)]

My Lords, I am disappointed but not surprised by that response. I declare my interest as practising in this field. It is well known that this is stand-alone legislation which came about as a consequence of a House of Lords decision in Radmacher in 2010. During the coalition, the Law Commission set up a paper and, as a consequence, in 2014 there was a response which is oven-ready for putting on the statute book.

Instead of that happening, with almost indecent haste and despite the warnings, the no-fault divorce law has proceeded through these Houses. We have more people with pre-nuptial agreements and more people getting divorced, and there is no direction for the judges as to how the law has changed as a consequence of these agreements being enforceable. Please can the Minister explain why it is acceptable to delay this legislation, which would be quite simple to push through, in circumstances where the courts are over-burdened, the judges have no direction and lawyers practising in this field have lucrative groundhog days ahead?

[Lord Bellamy (Con)]

My Lords, I thank my noble friend Lady Shackleton for her question. The answer is twofold: first, the Government consider that the present root-and-branch review of financial provision is better than looking at a particular outcrop within that landscape. Secondly, any Government have to prioritise. In recent years, priority has been given, for example, to the Domestic Abuse Act 2021; the Divorce, Dissolution and Separation Act 2022, which introduced no-fault divorce; and the Marriage and Civil Partnership (Minimum Age) Act 2022, which made it illegal to marry under the age of 18. These are all fundamental reforms and I make no apology for prioritising those measures.

Divorce: Financial Provision

Debate between Baroness Shackleton of Belgravia and Lord Bellamy

Wednesday 8th March 2023 Lords Chamber

[Lord Bellamy (Con)]

My Lords, I pay warm tribute to the noble Baroness, Lady Deech, my noble friend Lady Shackleton and many others for their work in this area. Respectfully, I do not accept the characterisation that the Government have misled everybody; we have had our hands somewhat full in recent times. The Matrimonial Causes Act 1973 reaches its 50th anniversary this year and a review of financial provision is indeed opportune. The Government are in close consultation with the Law Commission, which we consider the most appropriate body to carry out that review.

[Baroness Shackleton of Belgravia (Con)]

My Lords, I declare my interest as a practitioner in this field for 40 years. The law is hopelessly out of date: it relies entirely on finance and the discretion of judges. The judges have a fiefdom now in that, since 3 October 2017 you cannot go to the Court of Appeal if leave is refused, so their discretion is absolute. It is normally commercial judges who change the law, and arbitrators, mediators and judges need guidance. There is no use in having a divorce if the money is not sorted out; the house has to be sold and the children are caught in the conflict. Divorce practitioners like me make a fortune in arguing, because the guidelines are 50 years out of date. I know that this is not a vote winner and does not appeal to the masses, but many people in this country are touched by this and I would like an assurance that it will be included in the King’s Speech as vital business on the agenda, because responsible Governments do service to this.

[Lord Bellamy (Con)]

My Lords, these matters will be considered fully in a forthcoming review, hopefully by the Law Commission. That commission is completing important work on surrogacy at this moment. Subject to final agreement, I hope to make a further announcement very soon indeed.