Divorce, Dissolution and Separation Bill (First sitting)

Debate between Anna McMorrin and Victoria Prentis

Committee Debate: 1st sitting: House of Commons
Tuesday 2nd July 2019 Public Bill Committees

[Victoria Prentis (Banbury) (Con)]

Q Could you focus on children for a moment? What proportion of divorces involve children? How will the Bill promote their welfare?

Nigel Shepherd: I do not have the figures to hand, but I can certainly come back to you on that. Self-evidently, a very considerable number involve children under the age of 16. I am sure that is the case. Professor Liz Trinder may have the specific figures to hand. Clearly, children are at the heart of this process. As David said, as Resolution members and family lawyers doing the job properly we are trying all the time to help people focus on what really matters. The children are absolutely the first consideration in that. We know from the research that conflict is damaging to children. It is not necessarily divorce itself; it is the way you divorce. This Bill will help at the beginning to have a more constructive approach to that and help people focus on what matters.

David Hodson: It is curious. The reasons for a divorce do not reflect on children issues and they will not be dealt with in financial issues, and we do not deal with them. But it is the psychodynamic of the couple that every so often a client will say to one, three or four months under way, “I still resent the fact that I am the respondent. You do know that this is equally to blame,” and we say, “Yes, we do, but it won’t have any bearing on children or financing”. However many times we say it to our clients, there is a residual feeling in their mind: “How am I the respondent? I shouldn’t be. I may be partly to blame, but I’m not wholly to blame”. It is the black-and-white element that we have one petitioner and one respondent.

One of the things the legislation has to bring through is that we have to review how we call people in this process. It is the softer elements around the legislation that are as important as the harder elements. For example, let us not get rid of the idea of an applicant and a respondent; let us have “in the marriage of”, and let us name the parties. Even if one person applies for a divorce and the other one responds to it, let us call it a divorce between two people, without having a litigious element in the heading. I think Relate and others would also certainly want to support those softer elements, which are crucial to this process as Parliament and society look at amending this law.

Aidan Jones: From my perspective, the best I can do is quote one of our senior practice consultants, who says:

“The proposed legislation sends out a much healthier message for children. I have known plenty of couples over the years who have agreed together to separate, but one had to cite unreasonable behaviour and the other had to go along with it. This can cause issues. Blame is toxic and never helpful. A great deal of the work we do in the counselling room is around helping people to understand this and to take responsibility for their own actions. It is possible to have a healthy divorce. This legislation will make that easier to achieve”.

[Anna McMorrin (Cardiff North) (Lab)]

Q The new procedure will introduce a minimum clause between application and the conditional order. Can I begin by asking Aidan how the minimum pause between application and condition order will improve the wellbeing of couples and children in practice?

Aidan Jones: Between application and decree nisi?