Divorce, Dissolution and Separation Bill

Anne Marie Morris Excerpts

2nd reading: House of Commons & Money resolution: House of Commons & Programme motion: House of Commons
Tuesday 25th June 2019 Commons Chamber

[Anne Marie Morris (Newton Abbot) (Con)]

I rise to support this proposed new legislation from the Government. It is a long overdue reform, and I certainly commend it.

Marriage is a very serious, lifelong commitment, and we all enter into it in that spirit. It is very clear that it is the best outcome for a stable family life and, indeed, delivers the best outcome for children.

But we live in the real world, and we know that every marriage has its ups and downs. Although it is not a matter for this Bill, many have talked about the need to give advice, but advice should be given before entering into marriage, not as it draws to a close. We all had relationship education at school, but, when it comes to marriage, what does that really mean in terms of a relationship, of finance and sharing the benefits and the burdens of our shared working lives, and of what we might or might not inherit? What does it mean for children? Have the couple discussed whether they want children? Is the lady going into this arrangement expecting that that is the norm while the gentleman does not have the same concept at all? Increasingly, marriages are not all about having children. Outside this Bill, we ought to look at that. If we do so, we will have better and happier couples who will stay married longer.

Some marriages, clearly, do not weather the storm. People change. We cannot deny that; we cannot expect people always to be the same. Events impact hugely on people’s lives. The impacts on people’s lives are many and varied as we travel more and as a result of the internet. When a marriage does irretrievably break down, the clear focus must be on good post-divorce relationships. That is not just about the children, although they are absolutely key; it is also about the relationship between the two people who were married. There should be a focus on mutual support for the children of the marriage. At this point, I should make it clear that we are not just talking about biological children of that marriage. Marriages today are quite complex, and there will often be a number of stepchildren and others to be taken into account.

Blame is not helpful. It is destructive and it impacts mental health. As we have heard, it can place children in very unpleasant situations where they are asked or expected to take the side of one partner or the other, or almost emotionally bullied into doing so. In some cases, children are even led to believe that the breakdown of the marriage is their fault. That cannot be right in today’s society. This Bill is absolutely a step in the right direction. It removes blame and it removes fault.

There is, however, more to do. I understand the Government’s caution in tackling the causes that need to be proved for divorce, but the financial arrangements on separation and divorce and for children do not work and must be readdressed in the context of the modern world, not the world as it used to be. The world is no longer about two people getting married and staying together for their lifetimes. It is not always about having biological children. Indeed, as I said, it is not always about having children at all.

When looking at finances and at the arrangements for children, the problem is that the courts are not well guided, because the original rules and regulations were set for a time that no longer exists and need to be reviewed. We have a common law system. We have a background of evidence that, to some extent, has evolved to help these newly changed situations.

Unless there is a readjusted start point, however, gaming comes in, whether it is about arguments about finance or about children. For many people, this creates a very unfair situation that cannot lead to what, for me, are the key objectives—good relationships between the parting parents and with the children. Indeed, the antiquated nature of the current legislation actually prevents marriages. Many will say, “Well done, Government, because at least we now understand that if things do not work out, there is a non-blaming way of parting ways.” We had not dealt with the acrimony and blame that goes with financial settlements and settlements for children.

The concept of a pre-nup is a great start, but the problem is that they create more discord between couples before they are married than is absolutely necessary. They can create great bitterness. There are still huge questions about whether they are legally binding. It might not be for this Bill, but we have to look at and consult on those matters again.

Not all marriages are about children. There may be no children produced, but there will be children in the marriage. Often there will be a mixture of biological children, stepchildren and step-grandchildren. Under the current system, the interests of all those parties and their relationships are not properly taken into account. As adults, we have to grow up and live with the consequences of the decisions we make, but for children who have built very close relationships with stepchildren or grandparents these situations can be devastating. All this really needs to be thought through again.

Too often, the parent who has the children has the opportunity to game the system and cast aspersions on the behaviour of the absent parent of such a vicious nature that the court is left with little option but to accept that the risk is too great and, as a consequence, that the individual making the accusations must be believed. This system does not work. It is often abused for financial advantage, it having nothing to do with the children. I strongly recommend that we look at this again and do the job better.

I support the Opposition’s request that legal aid be brought back into this area, because we have clogged up the courts with cases that are not going to deliver a good outcome for anybody. The court system is completely stymied because the judge finds himself or herself having to give advice to the litigants in person. That is not good for children, for parents or for anyone involved with the family in its broadest terms.

The issue of finances becomes a terrible wrangle about who is entitled to what. We start with the principal assumption of a 50:50 split. In the old days, when often one party worked and the other looked after the children, it was absolutely fair that the work involved in creating, bringing up and nurturing the family was valued. That would be a sensible starting point. Increasingly, though, both parties work, and both bring very different financial contributions to the marriage. We need to look again at how we assess the right starting point. We then need to assess what criteria will enable us to move away from that starting point.

The most important thing is the needs of the children. That should be the first thing taken into account. Secondly, there is the need for each of the spouses to make sure that they are still able to live well. However, it is unrealistic, for a number of reasons, for anyone to go into a marriage and assume that when it breaks up there is necessarily an entitlement to live in the same style as they did when they were married. Financially—usually—it is not affordable. While marriage is for life, increasingly individuals are marrying more than once, more than twice—indeed, three times—and therefore to make financial provision that assumes that that individual will be single for the rest of their life simply is not realistic.

We need a much more realistic approach to marriage, and to the financial settlement. We need to recognise that people will often marry more than once—and that is not a criticism; it is actually a good thing, because marriage, as we know, is a very good environment in which to bring up children. If we can make marriages happy, if they can deliver long term, and if there can be many long-term happy marriages, that is not something to eschew, but something to welcome.

This reform is very welcome, but the reality of how people marry—the circumstances in which they marry and the circumstances around children—has changed so fundamentally that the law on financial settlements and on arrangements for the children must be fundamentally reviewed. Nevertheless, this is definitely a good start in the right direction, and I commend the Minister and the Government for introducing this Bill, which I will support.