Divorce, Dissolution and Separation Bill [Lords]

Debate between Andrew Selous and Robert Neill

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

[Sir Robert Neill]

The only part that I agree with my right hon. Friend about is the fact that acrimony can be a feature of the human condition. I am afraid that I have to profoundly disagree with the rest of his analysis. I regret to have to say that a divorce process that entrenches confrontation absolutely has the reverse effect to that which he suggests. The reality is that the acrimony, sadly, has arisen in the course of the breakdown, which, all too often, may have been a long time coming and may have happened for a number of reasons, which cannot be laid necessarily always at the door of one party or the other. But the law, as it stands, does not fit that reality fairly and sensibly. Whatever its intention, it actually makes matters worse, so I do have to part company with my right hon. Friend on that.

There is much to be said— I will take it out of turn but I think it relates to the principle of this—for the various amendments that relate to improving the attempts to support marriage and conciliation. I understand that and hope the Minister will have more to say about what more we can do in that regard. The truth is that, by the time we get to the issuing of the proceedings for divorce, the horse has bolted. We should do more to prevent that from happening and help couples when they run into difficulties at the beginning, but that is not what this Bill is changing.

[Andrew Selous (South West Bedfordshire) (Con)]

Do I detect from what my hon. Friend has said that he is supportive of new clause 1 and amendment 7, which are, in fact, identical in terms of marriage and relationship support? That has always been a feature of this aspect. It was part of the Family Law Act 1996. Is he supportive of what those two amendments are trying to do?

[Sir Robert Neill]

I am supportive of the objective, but I would like to hear the Minister’s comments on whether those are the best means of achieving it in the context of the Bill. I entirely accept what my hon. Friend says about the objective, and he and I share views on a number of issues. I would prefer to see the Bill pass cleanly and then to work constructively with the Government to find means of giving that sort of support, because there are other methods that I think could be used to do that. However, I take on board the importance of the point he makes.

Against that background, it is important that we seek to minimise conflict and that we face the fact that, however much we might wish it were otherwise, a bond that is no longer meaningful to a couple is not best served by forcing them together. That is neither socially desirable nor just; nor is it Christian or ethical in terms of any faith.