Lord Marks of Henley-on-Thames
Main Page: Lord Marks of Henley-on-Thames (Liberal Democrat - Life peer)(5 years, 11 months ago)
Lords ChamberAs the noble Lord will be aware, the post-implementation review of LASPO is currently under way. It is a chance for the Government to look at the effects of the changes made under the coalition Government and how we can best move forward. It is our view that legal aid continues to be available for the highest-priority cases. We need to make sure that it is targeted to those who need it most. As to those who are unable to have representation and who represent themselves, since 2015 we have invested nearly £6.5 million in a support strategy for unrepresented parties—litigants in person. It provides practical advice and information on routes to free or more affordable legal advice.
My Lords, divorce proceedings should involve collaboration to protect the future of the families involved, yet far too many cases, including many that end up undefended, start with a string of allegations, often exaggerated, to demonstrate fault. Given the overwhelming view of the judiciary and other legal professions, and the complete discrediting of the present law by the Supreme Court in the Owens case, can the Government have any reason for not supporting the Divorce (etc.) Law Review Bill of the noble and learned Baroness, Lady Butler-Sloss, mentioned by the noble Baroness, Lady Anelay, with a view to introducing no-fault divorce with a simple scheme of application and confirmation of irretrievable breakdown?
The noble Lord is quite right: collaboration should be at the heart of all divorcing couples, but, at the moment, three in five divorcing couples use conduct-based allegations, which create a huge amount of conflict. As I said, the Government are looking extremely closely at ways to reduce conflict in divorce, whether that be no fault, financial provisions or enforceable nuptial agreements. I very much hope that noble Lords will see progress in the near future.