Divorce Legislation

Lord Kirkhope of Harrogate Excerpts

Wednesday 29th March 2017 Lords Chamber

[Baroness Buscombe]

I thank the noble and right reverend Lord for his reference to the proposal that was brought forward by my noble and learned friend Lord Mackay of Clashfern. As he said, that change in the law did not come to fruition. The Government are considering potential reforms to divorce law and at this stage have not reached any conclusions. We acknowledge, however, that some people will not wish to divorce without being able to cite a fault, particularly if their faith requires them to do so. The Government are committed to improving the family justice system and to making the courts more efficient. Current divorce law has been in operation for over 40 years and past attempts at reform have not been without difficulty. Indeed, in the recent case, the case of Dodds v Dodds was cited—I think it was one of the first cases I had to consider as a law student—which dated from 1906 and talked about the law being full of anomalies, injustices, inequalities and some absurdities. The truth is, we need to consider all these aspects with care.

[Lord Kirkhope of Harrogate (Con)]

My Lords, I refer to my entry in the register as a lawyer. I was a little surprised today and looked twice at this topical Question; I thought it might even have been answered by my noble friend Lord Bridges of Headley but, luckily, it is on a another theme—an important theme in terms of divorce. I have often said that, even with the best intentions, divorces very rarely end in an amicable manner. Can the Minister confirm that, in any reforms and any review that takes place, there will be a full understanding of the complexity of relationships; an intention to make sure that as much flexibility as possible remains in our court system in settling matters between parties in divorce cases; and, in particular, the interests of children will always be looked to as a priority?

[Baroness Buscombe]

I thank my noble friend for his question. He is absolutely right: children should be at the heart of any reforms. Clarity and predictability must be balanced with the need for flexibility—with the possibility that flexibility in these circumstances, when reconsidering the whole issue of the family justice system, can sometimes bring fairness that certainty precludes.