Divorce (Financial Provision) Bill [HL]

Debate between Lord St John of Bletso and Lord Cormack

Friday 21st November 2014 Lords Chamber

[Lord St John of Bletso (CB)]

My Lords, I add my support for prenuptial agreements. I say that in the context that I trained as a Roman-Dutch lawyer, under which law a prenup is recognised. In an era when we have one of the highest divorce rates ever, certainly this is the time to simplify this important part of divorce law.

I say a prenup rather than a post-nup because obviously a prenup is more certain and there is far less scope for negotiation than with a post-nuptial agreement. But a prenup makes the likelihood of successful mediation far more likely than is the case now.

A common theme of the Bill has been to provide more certainty. Ideally, we want a clean break for those going through the unfortunate process of getting divorced. Apart from the huge cost of lengthy divorces, not much has been mentioned today about the huge stress that this has on children from this prolonged and tortuous process. The noble Baroness, Lady Wilcox, mentioned the important fact that, without this protection, those who have gone through traumatic divorces are far less likely to want to get remarried. I am sure that she will also have mentioned that 16 million people in Britain are over the age of 65. That is another reason why this clause should be promoted.

[Lord Cormack (Con)]

My Lords, I was not intending to speak but I have one or two points to make. When my noble friend talked about a cottage industry I thought that was probably scaling things down a little; it is a mansion industry rather than a cottage industry. I accept the total impeccable logic of the case advanced by the noble Baroness, Lady Deech. She is talking about an unfortunate necessity. Only this week I met a young girl in her 20s. I have known her since she was born. She married with great hope less than 18 months ago and the marriage is foundering now. Of course, I accept all that, but am I alone in your Lordships’ House in expressing infinite regret that we are where we are?