Draft Divorce, Dissolution and Separation Act 2020 (Consequential Amendments) Regulations 2022

Alex Cunningham Excerpts

Tuesday 8th February 2022 General Committees

[Alex Cunningham (Stockton North) (Lab)]

It is a pleasure to serve under your chairmanship for the first time, I believe, Mr Dowd. I welcome you to the Chair and am pleased to advise you that I will not detain you for very long this morning.

The Minister mentioned the EU. Our divorce from our European partners two years ago was the saddest divorce of all for me. I know that we have to accept it and get on with it, but it is sad all the same.

As the Minister has explained, this statutory instrument makes a number of amendments to existing legislation that are consequential on the Divorce, Dissolution and Separation Act 2020, which will come into effect this coming April. Labour very much welcomed that Act and supported its passage through Parliament. It introduces a common-sense approach to divorces and allows people to avoid unnecessary additional conflict and cost when dealing with divorces, while continuing to respect the institution of marriage and civil partnerships.

It will therefore be no surprise to the Minister that we support this statutory instrument, as we supported the Act itself. We are pleased by how the Act has modernised the language of divorce to introduce more accessible phrasing, some of which is used in this statutory instrument. As my right hon. Friend the Member for Tottenham (Mr Lammy) said on Second Reading:

“It is a reminder that the law must serve all people, not just those who are legally trained.”—[Official Report, 8 June 2020; Vol. 677, c. 107.]

I will, however, take this opportunity to press the Minister on a matter that was raised by the Opposition as the Bill passed through the Commons, regarding the provision of legal aid in these cases. He knows, as I do, that legal aid in all manner of legal proceedings has been decimated in recent years, and it is often the case that only those with the means can afford proper representation. While it is hoped that the system introduced by this Act will help to reduce the cost of divorces, the Minister will know that that cost can still be very high indeed. Without legal aid, the issue of access to divorce for those on low incomes is still very much a concern, and I would welcome the Minister’s thoughts on that matter and any proposals he might have to make life easier for those who have been unable to achieve the final separation needed.

The Minister will also be aware that there can be tremendous inequality in representation, where one partner may be controlling the finances and is able to access support and advice, leaving the other with no resources at all. I am sure he will agree that it is important that there is equality under the law in such circumstances, and that no one is placed at a disadvantage. I look forward to the Minister’s response.