Private International Law (Implementation of Agreements) Bill [HL]

Baroness Shackleton of Belgravia Excerpts

2nd reading & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords
Tuesday 17th March 2020 Lords Chamber

[Baroness Shackleton of Belgravia (Con)]

My Lords, I put my name down to speak in this debate, not about what the Bill addresses but about what it fails to address. In the field in which I operate—matrimonial law—many elements of it are swept up by Hague and Lugano. Sadly, divorce is not. At the moment, the first past the post principle works. When we leave the EU there will be an enormous vacuum, and there has been no direction to the judges or to the people who practise in this area as to what will happen.

The prediction among divorce lawyers is that, following self-imposed confinement, it is very likely that the divorce rate will rise. Our peak times are after long exposure during the summer holiday and over Christmas. One has only to imagine what it will be like when families are sealed in a property for a long period of time.

Added to this, no legislation has come to this House, or indeed to the other place, on premarital contracts, and there is a real division between how this country deals with them and how the rest of Europe deals with them. The incentive to get proceedings in this country with parallel proceedings in another country will be even greater than usual when people are restricted from moving to another country. When a petition is lodged in this country, how will our courts deal with it? Are we or are we not going to deal with first past the post? What will be necessary to avoid a tsunami of litigation is for there to be some certainty as to what we are going to do. I fully understand that we cannot commit the other 27 parties to Brussels II, but our courts need to know what is going to happen.