No-fault Divorce

Baroness Butler-Sloss Excerpts

Tuesday 15th March 2022 Lords Chamber

[Lord Wolfson of Tredegar (Con)]

My Lords, I am not sure whether my noble friend is a foot solider or somewhere between a major-general and a field marshal in this area of the law. May I gently suggest that perhaps not all lawyers charge by the word? I respectfully say that in this area of law, as in many areas of law, there is a balance to be struck between discretion on the one hand and certainty on the other. You need clear rules, but you also need a judge to have discretion to do the right thing in the individual case. That is what we will be striving for when we look at this area of the law about financial provision on divorce.

[Baroness Butler-Sloss (CB)]

My Lords, as a former foot soldier who tried a very large number of these cases, I believe it is a far more complicated area than either the noble Baroness, Lady Deech, or the noble Baroness, Lady Shackleton, has said to the House. I would be very unhappy with a timetable; the Government ought to get on with it, but they need to take a lot of sensible advice before they put forward proposals. That is my suggestion to the Minister.

[Lord Wolfson of Tredegar (Con)]

My Lords, I am very grateful for that question. Of course, we will take advice from a broad range of stakeholders and others. Indeed, in preparing for today I also looked at the laws in other jurisdictions. Although it is fair to say that, for example, prenuptial agreements are enforceable in Spain, which they generally are not in England and Wales, they are not enforceable if the judge considers that they are detrimental to the children or seriously damaging to one of the spouses. So again, the House will see that that balance of certainty and discretion is so important to try to reach in this area.