Divorce, Dissolution and Separation Bill [Lords]

Baroness Laing of Elderslie Excerpts

Committee stage & 3rd reading & 3rd reading: House of Commons & Committee: 1st sitting & Committee: 1st sitting: House of Commons
Wednesday 17th June 2020 Commons Chamber

[The Chairman of Ways and Means (Dame Eleanor Laing)]

I should explain that in these exceptional circumstances, although the Chair of the Committee would normally sit in the Clerk’s Chair during the Committee stage, in order to comply with social distancing requirements I will remain in the Speaker’s Chair although I will be carrying out the role not of Deputy Speaker but of Chairman of the Committee. If Members obey the rules to the letter, the occupant of the Chair at this time should be addressed not as Deputy Speaker but as Chairman of the Committee. Just before we commence, I should inform the Committee that there has been a production error on the amendment paper. The names of Bob Blackman and Nick Fletcher should not have been published in support of new clause 4 and new clause 5.

Clause 1

Divorce: removal of requirement to establish facts etc

[Fiona Bruce (Congleton) (Con)]

I beg to move amendment 1, page 2, line 8, leave out “20” and insert “46”

This amendment would extend the minimum legal period for a divorce from six months to one year (with the additional six weeks between the conditional and final orders).

[The Chairman of Ways and Means (Dame Eleanor Laing)]

With this it will be convenient to discuss the following:

Amendment 2, page 2, line 9, at end insert—

‘(5A) For the purposes of subsection (5), “the start of the proceedings” means—

(a) in the case of an application that is to proceed as an application by both parties to the marriage, the date on which both parties apply for an order under subsection (1), or

(b) in the case of an application that is to proceed as an application by one party to the marriage only, the date when the notice of an application for a divorce order has been received by the other party to the marriage.’

This amendment would define the start of divorce proceedings so that it is clear when the 20-week period would start.

Amendment 3, page 2, line 19, at end insert—

‘(8A) In the case of an application that is to proceed as an application by one party to the marriage only, there shall be no commencement of financial provision proceedings until the end of the period of 20 weeks from the start of the proceedings for the divorce order unless—

(a) the other party to the marriage agrees to the commencement of financial provision proceedings, or

(b) there is an application under section 22 for the court to make an order for maintenance pending suit.’

This amendment would ensure that there are no discussions about financial settlement in the 20 week period unless both parties agree or there is an application to the court for interim maintenance and financial injunctions.

Clause stand part.

Clauses 2 and 3 stand part.

Amendment 4, in clause 4, page 4, line 9, at end insert—

‘(2A) For the purposes of subsection (2), “the start of the proceedings” means—

(a) in the case of an application that is to proceed as an application by both civil partners, the date on which those persons apply for an order under section 44(1), or

(b) in the case of an application that is to proceed as an application by one civil partner only, the date when the notice of an application for a dissolution order has been received by the other civil partner.’

This amendment would define the start of dissolution proceedings so that it is clear when the 20-week period would start.

Amendment 5, page 4, line 18, at end insert—

‘(5A) In the case of an application that is to proceed as an application by one civil partner only, there shall be no commencement of financial provision proceedings until the end of the period of 20 weeks from the start of the proceedings for the divorce order unless—

(a) the other civil partner agrees to the commencement of financial provision proceedings, or

(b) there is an application under schedule 5, paragraph 2(1) for maintenance pending suit.’

This amendment would ensure that there are no discussions about financial settlement in the 20-week period for the dissolving of a civil partnership unless both parties agree or there is an application to the court for interim maintenance and financial injunctions.

Clauses 4 to 8 stand part.

Government amendment 6.

Clause 9 stand part.

New clause 1—Increased support for marriage and civil partnerships—

‘(1) Section 22 of the Family Law Act 1996 (Funding for marriage support services) is amended as follows.

(2) In subsection (1), for “may” substitute “must”.

(3) In subsection (1)(a), at end insert “, both before and during a marriage”.

(4) After subsection (1)(a) insert—

“(aa) marriage counselling for any partners to a marriage where an application has been made to the court to dissolve the marriage under section 1 of the Matrimonial Causes Act 1973.”

(5) After subsection (3) insert—

“(4) Any reference to marriage or marital breakdown in this section also applies to civil partnerships.”’

This new clause would ensure increased support for marriages and new support for couples where an application for divorce has been made to the court.

New clause 2—Report on the impact on divorce applications and marriage support—

‘(1) The Secretary of State must publish an annual report on the impact of this Act on divorce and dissolution proceedings and marriage and civil partnership with the first report to be published no later than 18 months after the day on which this section comes into force.

(2) The report under subsection (1) must include, but is not limited to—

(a) the number of divorce and dissolution applications made under the provisions of this Act by the sex and income of the applicant and respondent, and

(b) the number of children in the relationships subject to the divorce and dissolution applications, and

(c) the number of married couples or civil partners who seek counselling during the divorce process, broken down by geographic location, and

(d) a statement on the support services and marriage counselling available to married couples or civil partners as an alternative to divorce proceedings under this Act, broken down by geographic location.

(3) The report under subsection (1) must be laid before both Houses of Parliament.’

New clause 3—Divorce after one year separation with consent—

‘(1) The Matrimonial Causes Act 1973 is amended as follows.

(2) In section 1(2), omit subsection (d) and insert—

“(d) that the parties to the marriage have lived apart for a continuous period of at least one year immediately preceding the presentation of the petition (hereafter in this Act referred to as “separation for one year”) and the respondent consents to a decree being granted;”

(3) In section 10(1), substitute “separation for one year” for “two years’ separation”;

(4) In section 10(2)(a), substitute “separation for one year” for “two years’ ”;

(5) In section 10(2)(b), substitute “separation for one year” for “two years’ ”.’

The intention of this new clause is to adopt in England and Wales the approach currently available in Scotland allowing a no-fault divorce to be granted on consent grounds in just one year.

New clause 4—Civil legal aid for divorce, dissolution or separation—

‘(1) Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 is amended as follows.

(2) After paragraph 18, insert—

18A Civil legal services provided in relation to the Matrimonial Causes Act 1973 and the Civil Partnership Act 2004.’

This new clause would add divorce, dissolution and separation proceedings to the list of civil legal services qualifying for legal aid.

New clause 5—Legal aid for divorce proceedings report—

‘(1) The Secretary of State must conduct a review of the cost and benefits of providing legal aid for divorce proceedings.

(2) In conducting the review under subsection (1), the Secretary of State must take account of the disparity between men and women in their capacity to afford legal advice in matrimonial proceedings.

(3) The Secretary of State must make arrangements for a copy of the report of the review to be laid before both Houses of Parliament no later than six months after the date on which this Act is passed.’

This new clause would require the Secretary of State to carry out a review within six months of the impact of extending legal aid for divorce proceedings, taking account of any disproportionate effect on women of lack of access to legal aid.

New clause 6—Financial abuse qualifying condition in legal aid family matters—

‘(1) Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 is amended as follows.

(2) In paragraph 12 (1) (a) after “violence” insert “or financial abuse”.

(3) In paragraph 12 (1) (b) after “violence” insert “or financial abuse”.

(4) In paragraph 9, at the end insert—

““financial abuse” includes—

(a) having money or other property stolen,

(b) being defrauded,

(c) being put under pressure in relation to money or other property, and

(d) having money or other property misused.”’

This new clause would add financial abuse (as defined in section 42 of the Care Act 2014) to the domestic violence condition under which civil legal aid may be provided in a matter arising out of a family relationship.

New clause 9—Review of Act in relation to children’s financial status—

‘(1) The Secretary of State must conduct a review of the financial effects of this Act on families where the marital status (including a current or dissolved civil partnership) of a parent explicitly determines the eligibility for benefits for dependant children.

(2) The Secretary of State must make arrangements for a copy of the report of the review to be laid before both Houses of Parliament no later than six months after the date on which this Act is passed.’

This new clause would require the Secretary of State to publish by the end of this year a report on how this Act will affect the financial status of children and families where benefit entitlement is linked to the civil partnership or marriage status of one or both parents.

Amendment 7, in the schedule, page 19, line 4, at beginning insert—

‘( ) Section 22 of the Family Law Act 1996 (funding for marriage support services) is amended as follows.

( ) In subsection (1), leave out “may, with the approval of the Treasury,” and insert “must”.

( ) In subsection (1)(a), at the end insert “, both before and during a marriage”.

( ) After subsection (1)(a) insert—

(i) marriage counselling for any partners to a marriage where an application has been made to the court for a divorce order under section 1 of the Matrimonial Causes Act 1973.”

( ) After subsection (3) insert—

“(4) Any reference to marriage or marital breakdown in this section also applies to civil partnerships.”’

That the schedule be the schedule to the Bill.

[Fiona Bruce]

This Bill is a bad Bill. It sends out the wrong message at the wrong time. No-fault divorce is really state-approved unilateral divorce. Ministers like to say that it is all about the divorce process and not about marriage. They are wrong. The removal of fault sends out the signal that marriage can be unilaterally exited with no available recourse for the party who has been left. The public get it, even if Ministers do not. In the “Finding fault?” national opinion survey, 71% thought that fault should remain in law. That is a survey on which, in other respects, the Government have relied in bringing forward this legislation. Even in the Government’s own consultation, 80% opposed the proposals, and the Bill was not even in our manifesto.