No-fault Divorce

Debate between Baroness Walmsley and Lord Wolfson of Tredegar

Tuesday 15th March 2022 Lords Chamber

[Lord Wolfson of Tredegar (Con)]

My Lords, we of course recognise that divorce can be a stressful time for families. We want to make sure that support is there for separating couples. We have invested in family hubs and the family mediation voucher scheme. We also have a Reducing Parental Conflict programme. However, we also think that the new divorce Act will lead to more amicable divorce and will itself take some of the heat out of the issue.

[Baroness Walmsley (LD)]

My Lords, let us not put the cart before the horse by changing the law before thinking about the most acrimonious part of divorce. Is it not true that a no-fault divorce does not necessarily mean that there was no fault? In which case, is it not all the more important that there is equality of arms between the two people concerned when it comes to mediation on a financial settlement?

[Lord Wolfson of Tredegar (Con)]

My Lords, yes: no-fault divorce means that the question of fault is essentially irrelevant to the fact of the divorce. As to equality of arms, that is where mediation is so useful. Families who participated in the mediation voucher scheme tell us that it really took the heat out of the issue as they could sit down outside a court setting and resolve their issues. For every multi-million pound divorce that you read about in the papers, hundreds—indeed, thousands—of divorces go through without too much acrimony, other than the acrimony perhaps inherent in the fact of being divorced. We want to build on what we think is a movement in the right direction.