Divorce, Dissolution and Separation Bill [Lords]

Fiona Bruce Excerpts

2nd reading & 2nd reading: House of Commons & Money resolution & Money resolution: House of Commons & Programme motion & Programme motion: House of Commons
Monday 8th June 2020 Commons Chamber

[Fiona Bruce (Congleton) (Con)]

“Can’t we just talk about it? Can I just know why?” Silence. Silence because there is no one to answer the young woman with a baby in her arms and a toddler at her feet, who has just received a notice in the post—a notice that says, “I am divorcing you. I am divorcing you in a few short weeks, and I do not have to give you a reason. I am giving you notice to quit on our relationship.” Of course, he could not do this to an employee. Well, certainly not after two years. That would be called unfair dismissal. He would have to give them a reason. He would have to talk. But this is not an employment relationship. It is a marriage, so unfair dismissal does not apply—a marriage entered into with the words, “For richer, for poorer, in sickness and in health, to love and to cherish, till death us do part”.

I cannot support this Bill. Legislation sends out a message, and the message that this Bill sends out is that divorce will be quicker and easier, regardless of what the Minister has said. This Bill will undermine an important understanding of the assumed permanence of marriage. I want to associate myself with the comments made in the excellent speeches by my right hon. Friends the Members for New Forest West (Sir Desmond Swayne) and for Gainsborough (Sir Edward Leigh) and my hon. Friend the Member for Devizes (Danny Kruger), because there is so much more I would like to say tonight that I cannot.

Of course, Government should be investing much more in relationship support—many of us have argued that for years, and this Bill should not be silent on that. The six-month period is simply too short, even as a minimum. I note what the Lord Chancellor says about the Family Procedure Rule Committee, but we need the Bill to be amended to provide for a longer period. There is no requirement, as there is now in divorce proceedings, for proof of service of the statement that the marriage has broken down before the 20-week clock starts ticking. That cannot be right. Technically, as I read the Bill, there could be a divorce shorter than eight weeks. The Secretary of State kept saying that these are not quickie divorces; I disagree. The Bill needs amending in that respect.

Ministers argue that the Bill will “remove the conflict flashpoints” inherent within the current legal process and

“minimise the potential for couples to entrench positions against each other”.

That simply fails to address the fact that conflict exists and is frequently exacerbated during negotiations relating to financial settlements and childcare arrangements, which the Bill does nothing to address. Ask any family lawyer, and they will tell you so. I spoke with one only today, who told me that he knows of no practising family lawyer enthusing about the Bill.

The Government make great play of the fact that removing any reason for a marriage breakdown will improve children’s life chances. This simply does not acknowledge that it is the very fact of parental separation which can be, and often is, an adverse childhood experience with long-term consequences. Moreover, the break-up of a low-conflict family can be just as, if not more, harmful to a child than a high-conflict one. Children who do not see conflict played out in front of them can be more likely to blame themselves when parents separate or assume they cannot rely on relationships, as they are likely to end for no apparent reason, and that family breakdown is more or less inevitable, with the sad consequence of their repeating that behaviour in their own lives.

There is likely to be an immediate increase in divorces—a spike that could last for a decade or more. People experiencing marital difficulties in the coronavirus crisis may be more likely to bail out following the introduction of no-fault divorce, under the impression that divorce is being made easier. Some of those marriages may well be saveable.

Citing fault on a divorce petition is unpleasant, and what is stated may, in some cases, not bear a resemblance to what has gone on. The Secretary of State said that such statements bear very little resemblance to reality. However, the Nuffield Foundation report, on which the Government rely, does not bear that out.

Divorce, Dissolution and Separation Bill [Lords]

Fiona Bruce Excerpts

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

[The Chairman of Ways and Means (Dame Eleanor Laing)]

I should explain that in these exceptional circumstances, although the Chair of the Committee would normally sit in the Clerk’s Chair during the Committee stage, in order to comply with social distancing requirements I will remain in the Speaker’s Chair although I will be carrying out the role not of Deputy Speaker but of Chairman of the Committee. If Members obey the rules to the letter, the occupant of the Chair at this time should be addressed not as Deputy Speaker but as Chairman of the Committee. Just before we commence, I should inform the Committee that there has been a production error on the amendment paper. The names of Bob Blackman and Nick Fletcher should not have been published in support of new clause 4 and new clause 5.

Clause 1

Divorce: removal of requirement to establish facts etc

[Fiona Bruce (Congleton) (Con)]

I beg to move amendment 1, page 2, line 8, leave out “20” and insert “46”

This amendment would extend the minimum legal period for a divorce from six months to one year (with the additional six weeks between the conditional and final orders).

[The Chairman of Ways and Means (Dame Eleanor Laing)]

With this it will be convenient to discuss the following:

Amendment 2, page 2, line 9, at end insert—

‘(5A) For the purposes of subsection (5), “the start of the proceedings” means—

(a) in the case of an application that is to proceed as an application by both parties to the marriage, the date on which both parties apply for an order under subsection (1), or

(b) in the case of an application that is to proceed as an application by one party to the marriage only, the date when the notice of an application for a divorce order has been received by the other party to the marriage.’

This amendment would define the start of divorce proceedings so that it is clear when the 20-week period would start.

Amendment 3, page 2, line 19, at end insert—

‘(8A) In the case of an application that is to proceed as an application by one party to the marriage only, there shall be no commencement of financial provision proceedings until the end of the period of 20 weeks from the start of the proceedings for the divorce order unless—

(a) the other party to the marriage agrees to the commencement of financial provision proceedings, or

(b) there is an application under section 22 for the court to make an order for maintenance pending suit.’

This amendment would ensure that there are no discussions about financial settlement in the 20 week period unless both parties agree or there is an application to the court for interim maintenance and financial injunctions.

Clause stand part.

Clauses 2 and 3 stand part.

Amendment 4, in clause 4, page 4, line 9, at end insert—

‘(2A) For the purposes of subsection (2), “the start of the proceedings” means—

(a) in the case of an application that is to proceed as an application by both civil partners, the date on which those persons apply for an order under section 44(1), or

(b) in the case of an application that is to proceed as an application by one civil partner only, the date when the notice of an application for a dissolution order has been received by the other civil partner.’

This amendment would define the start of dissolution proceedings so that it is clear when the 20-week period would start.

Amendment 5, page 4, line 18, at end insert—

‘(5A) In the case of an application that is to proceed as an application by one civil partner only, there shall be no commencement of financial provision proceedings until the end of the period of 20 weeks from the start of the proceedings for the divorce order unless—

(a) the other civil partner agrees to the commencement of financial provision proceedings, or

(b) there is an application under schedule 5, paragraph 2(1) for maintenance pending suit.’

This amendment would ensure that there are no discussions about financial settlement in the 20-week period for the dissolving of a civil partnership unless both parties agree or there is an application to the court for interim maintenance and financial injunctions.

Clauses 4 to 8 stand part.

Government amendment 6.

Clause 9 stand part.

New clause 1—Increased support for marriage and civil partnerships—

‘(1) Section 22 of the Family Law Act 1996 (Funding for marriage support services) is amended as follows.

(2) In subsection (1), for “may” substitute “must”.

(3) In subsection (1)(a), at end insert “, both before and during a marriage”.

(4) After subsection (1)(a) insert—

“(aa) marriage counselling for any partners to a marriage where an application has been made to the court to dissolve the marriage under section 1 of the Matrimonial Causes Act 1973.”

(5) After subsection (3) insert—

“(4) Any reference to marriage or marital breakdown in this section also applies to civil partnerships.”’

This new clause would ensure increased support for marriages and new support for couples where an application for divorce has been made to the court.

New clause 2—Report on the impact on divorce applications and marriage support—

‘(1) The Secretary of State must publish an annual report on the impact of this Act on divorce and dissolution proceedings and marriage and civil partnership with the first report to be published no later than 18 months after the day on which this section comes into force.

(2) The report under subsection (1) must include, but is not limited to—

(a) the number of divorce and dissolution applications made under the provisions of this Act by the sex and income of the applicant and respondent, and

(b) the number of children in the relationships subject to the divorce and dissolution applications, and

(c) the number of married couples or civil partners who seek counselling during the divorce process, broken down by geographic location, and

(d) a statement on the support services and marriage counselling available to married couples or civil partners as an alternative to divorce proceedings under this Act, broken down by geographic location.

(3) The report under subsection (1) must be laid before both Houses of Parliament.’

New clause 3—Divorce after one year separation with consent—

‘(1) The Matrimonial Causes Act 1973 is amended as follows.

(2) In section 1(2), omit subsection (d) and insert—

“(d) that the parties to the marriage have lived apart for a continuous period of at least one year immediately preceding the presentation of the petition (hereafter in this Act referred to as “separation for one year”) and the respondent consents to a decree being granted;”

(3) In section 10(1), substitute “separation for one year” for “two years’ separation”;

(4) In section 10(2)(a), substitute “separation for one year” for “two years’ ”;

(5) In section 10(2)(b), substitute “separation for one year” for “two years’ ”.’

The intention of this new clause is to adopt in England and Wales the approach currently available in Scotland allowing a no-fault divorce to be granted on consent grounds in just one year.

New clause 4—Civil legal aid for divorce, dissolution or separation—

‘(1) Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 is amended as follows.

(2) After paragraph 18, insert—

18A Civil legal services provided in relation to the Matrimonial Causes Act 1973 and the Civil Partnership Act 2004.’

This new clause would add divorce, dissolution and separation proceedings to the list of civil legal services qualifying for legal aid.

New clause 5—Legal aid for divorce proceedings report—

‘(1) The Secretary of State must conduct a review of the cost and benefits of providing legal aid for divorce proceedings.

(2) In conducting the review under subsection (1), the Secretary of State must take account of the disparity between men and women in their capacity to afford legal advice in matrimonial proceedings.

(3) The Secretary of State must make arrangements for a copy of the report of the review to be laid before both Houses of Parliament no later than six months after the date on which this Act is passed.’

This new clause would require the Secretary of State to carry out a review within six months of the impact of extending legal aid for divorce proceedings, taking account of any disproportionate effect on women of lack of access to legal aid.

New clause 6—Financial abuse qualifying condition in legal aid family matters—

‘(1) Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 is amended as follows.

(2) In paragraph 12 (1) (a) after “violence” insert “or financial abuse”.

(3) In paragraph 12 (1) (b) after “violence” insert “or financial abuse”.

(4) In paragraph 9, at the end insert—

““financial abuse” includes—

(a) having money or other property stolen,

(b) being defrauded,

(c) being put under pressure in relation to money or other property, and

(d) having money or other property misused.”’

This new clause would add financial abuse (as defined in section 42 of the Care Act 2014) to the domestic violence condition under which civil legal aid may be provided in a matter arising out of a family relationship.

New clause 9—Review of Act in relation to children’s financial status—

‘(1) The Secretary of State must conduct a review of the financial effects of this Act on families where the marital status (including a current or dissolved civil partnership) of a parent explicitly determines the eligibility for benefits for dependant children.

(2) The Secretary of State must make arrangements for a copy of the report of the review to be laid before both Houses of Parliament no later than six months after the date on which this Act is passed.’

This new clause would require the Secretary of State to publish by the end of this year a report on how this Act will affect the financial status of children and families where benefit entitlement is linked to the civil partnership or marriage status of one or both parents.

Amendment 7, in the schedule, page 19, line 4, at beginning insert—

‘( ) Section 22 of the Family Law Act 1996 (funding for marriage support services) is amended as follows.

( ) In subsection (1), leave out “may, with the approval of the Treasury,” and insert “must”.

( ) In subsection (1)(a), at the end insert “, both before and during a marriage”.

( ) After subsection (1)(a) insert—

(i) marriage counselling for any partners to a marriage where an application has been made to the court for a divorce order under section 1 of the Matrimonial Causes Act 1973.”

( ) After subsection (3) insert—

“(4) Any reference to marriage or marital breakdown in this section also applies to civil partnerships.”’

That the schedule be the schedule to the Bill.

[Fiona Bruce]

This Bill is a bad Bill. It sends out the wrong message at the wrong time. No-fault divorce is really state-approved unilateral divorce. Ministers like to say that it is all about the divorce process and not about marriage. They are wrong. The removal of fault sends out the signal that marriage can be unilaterally exited with no available recourse for the party who has been left. The public get it, even if Ministers do not. In the “Finding fault?” national opinion survey, 71% thought that fault should remain in law. That is a survey on which, in other respects, the Government have relied in bringing forward this legislation. Even in the Government’s own consultation, 80% opposed the proposals, and the Bill was not even in our manifesto.

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[Jim Shannon (Strangford) (DUP)]

I thank the hon. Lady for her considerable contribution in setting the scene for us. She and I have a very similar outlook on life, as I believe others in this House have as well. Is it her intention to ensure, through her amendments and new clauses, that services to save marriages—Relate and others—are available from the very beginning of a relationship breaking down to almost the end of it, so that every person at every stage will have a chance and an opportunity to save a marriage, rather than let it fall apart?

[Fiona Bruce]

I absolutely agree—indeed, not just from the very beginning of a marriage, but from before it, as I shall mention shortly when I refer to new clause 1.

I return to the important point that a great many family breakdowns may be a lot more salvageable than is commonly assumed, and therefore help towards that is important. Statistics bear this out: only 9% of married couples who split one year later could be categorised as high conflict couples who reported quarrelling a lot in the year before the split, and 60% of married couples who split were low conflict couples who also reported some degree of happiness. This Bill should have focused on helping to keep them together, not least, as has just been mentioned, by offering every couple going into marriage a pre-marriage course.

Such courses would help couples to appreciate that it is not all plain sailing; to understand what the commitment they are making will involve in practice and how to resolve conflict; to understand that better times do not always follow a break-up; and to equip themselves to persevere through difficulties to better times within their marriage. Such difficulties include the disruption a first child can bring, which is so often a crunch point in a marriage, and the current lockdown crisis, which has understandably exacerbated stress in some relationships. Indeed, lawyers report an increase in divorce inquiries of over 40% at present. The last solution offered by the Government for this should be a quick, spur-of-the-moment escape route.

This Bill is not focused on helping to keep marriages and families together; it does exactly the opposite. That is why new clause 1 is so important, and I am also minded to test the will of the Committee on it. New clause 1 would ensure increased funding for relationship counselling and new support for couples where an application for divorce has been made to a court. The availability of marriage support services in this country is wholly inadequate and requires substantially greater Government investment. This is no doubt one of the reasons why we have one of the highest rates of relationship breakdown in the western world.

It was encouraging that, in the last Budget, the Chancellor committed £2.5 million towards this, but much more is needed. Importantly, it is needed for less well-off couples, who cannot afford the private relationships counselling that better-off people can afford. The Government say that they want to remove conflict flashpoints and reduce areas of conflict in the divorce process. Improved relationship support and counselling would help achieve that. The Bill should have focused on it, and new clause 1 will amend this omission. I was encouraged by the support from those in many parts of the House for this on Second Reading.

[Jim Shannon]

The hon. Lady is most gracious in giving way. She will understand and agree with me and probably others that churches offer such services. Is it possible within this legislation, with the extra money that will come through if the new clause is accepted, for the Government to work alongside churches to ensure that relationships can survive?

[Fiona Bruce]

I thank the hon. Gentleman. Some excellent marriage counselling and, indeed, pre-marriage courses are supplied through church organisations. They are very popular, and I personally think it would be marvellous to see a lot more of them and to see some Government-funded support for them.



Counsellors help parties to understand the implications of what marriage means and, when difficulties occur, of what splitting up would mean for them, their children, and their wider families. They help people to consider what a split will involve practically, regarding contact arrangements and finances, and whether the option of staying together might be something that they could look at. Counsellors give people tools to help work through the problems, since they may not have had a role model to copy in earlier life. Critically, if the divorce goes ahead, such help can assist a couple to navigate their future relationship in a way that is best for the future wellbeing of their children, and that will, hopefully, foster continued co-operation and constructive communication, while avoiding, or at least minimising, unnecessary acrimony and relationship acidity over the many years—often decades—to come, for the benefit of all involved. It might help people who receive such counselling to know two interesting facts. First, in a study that involved more than 1,500 people, Professor Janet Walker found that two years on from a divorce, many people wished they had been warned beforehand of the harsh realities of life after separation, and said that if they had been forewarned, they might have sought reconciliation. Another piece of research from the US in the early 2000s found that people who are unhappy in their marriage are more likely to be happier five years later if they do not divorce than if they do.

[Richard Fuller (North East Bedfordshire) (Con)]

I am learning a lot from my hon. Friend, and I am grateful for her contribution. She will be able to inform me better, but one thing that occurred to me is that in the process of divorce—I am talking about friends of mine who have been through this—all the voices are about separation. That could come from the legal profession, to which I mean no disrespect, or from friends who get drawn into separate camps, but there does not seem to be much space for conciliation in the most important contract that two people will ever make. Does new clause 1 seek to address that disparity, and the way that such forces work in those difficult circumstances?

[Fiona Bruce]

That is exactly its point—very much so. That goes to the heart of the key purpose of new clause 1. Relationship support for couples in difficulty can help them to work together, so that the roots of their conflict can be addressed and terminated, rather than the relationship itself. Investment in relationship counselling would help not just the parties, but their children and wider society. Strikingly, the one provision of the Family Law Act 1996 that was retained is section 22, which enables the Government to provide funding for marriage support services, research into the causes of marital breakdown, and research into ways of preventing marital breakdown. Sadly, in recent years it seems that those provisions have not been used, and no funding has been provided specifically for marriage support. In February 2020 the Government said that between 2014 and 2019 they had invested £46.9 million in relationship support services. With family breakdown costing the UK at least £51 billion each year, surely it is now time to increase support specifically for marriage with this new clause.

On Second Reading, the Lord Chancellor said that he is a supporter of the institution of marriage. I encourage him to take a leaf out of the forward to the consultation response written by his predecessor, who stated:

“I believe that we should do everything we can to try to rebuild relationships before they become irretrievably broken down…This includes, where possible, helping to ensure that relationships can be saved before they are legally ended.”

Will my right hon. and learned Friend pass what might be called the “Gauke test”, by doing everything he can to support saveable marriages and support new clause 1?

Let me turn to amendments 2 and 4. Amendment 2 would define the start of divorce proceedings, so that it is clear when the 20-week period would start. This is an important concern about the Bill. Amendment 2, and amendment 4 with regard to civil partnerships, seek to deal with a serious defect of the Bill. At present, the petitioner for a divorce must prove service on the other party before proceedings get under way. That means that they must prove, on the record, that the other party has received notice and knows that they are being divorced. This Bill contains no such requirement. The applicant can simply lodge his application at court and the 20-week clock referred to in the Bill for proceedings to commence starts ticking.

The Bill needs amending to provide for the 20-week period not to start until the application for a divorce has been received by the other party to the marriage and this has been confirmed at court. Otherwise, as the Bill now reads, one party to the marriage could have far less than 20 weeks’ notice—if, for example, they are away from home, ill, or for some other reason the notice is not effectively served on them—prior to a court making a conditional order, leaving only six weeks left before a final order. Worse still, the Bill, as currently worded, gives a green light to unscrupulous petitioners to ambush their spouse by ensuring that by one means or another, their spouse does not receive the notice of claim filed at court promptly—so-called bombshell applications—because proposed new section 1(3)(b) of the Matrimonial Causes Act 1973 says that if the 20-week clock has ticked, the court

“must…make a divorce order”.

That can leave as little as only six weeks, or a few days more. It is possible for a devious partner to give a vulnerable spouse little over six weeks’ notice that they are being divorced—as I have said, a petitioner’s charter. That mischief needs correcting.

The Government will say that the Bill limits the opportunity for respondents to delay, control or frustrate the divorce application, and I should be grateful if the Minister would clarify where in the Bill it states that.

[John Redwood (Wokingham) (Con)]

On the very good point that people need to know that the proceedings have commenced, what does my hon. Friend think would be good service so that we can be satisfied on that matter?

[Fiona Bruce]

In my view, it is important to ensure that service is recorded. Service can be made by someone who professionally serves notice and then registers that fact at court. At present, the process of service has to be evidenced before the divorce proceeding process continues any further. All I am asking is that we have the same regulations now.

Even the Law Society, which supports the broad principles of the Bill—to my regret, as I am a member—is supportive of both parties having the same minimum period, so this is a very serious point, which needs to be addressed. As it stands, the 20-week period starting on application is, I believe, defended by Ministers because it makes the process simple. However, in this Bill’s simplicity lies its harshness or, as the noble and learned Baroness Deech has said in another place, its brutality. The shock for many people of being divorced within six months will be hard enough. The shock of being divorced in little over six weeks would be wholly unjust.

The Lord Chancellor has said that he will work with the Family Procedure Rule Committee to address this point. I await the Minister’s reassurance on this, which will need to be very strong to counter my view that this amendment to protect vulnerable respondents needs to be on the face of the Bill.

I now turn briefly to amendments 3 and 5 and new clause 2. Amendments 3 and 5 would ensure that there are no discussions about financial settlements in the 20-week period— or ideally, a longer period if amendment 1 is passed—unless both parties agree, or there is an application to court for interim maintenance and financial injunctions. The point of these amendments is that they give a breathing space for the parties to dialogue. Sadly, there is no requirement for this in the Bill—a litigation- free period in which it is hoped the parties may take counsel and try to establish whether they could be reconciled.

New clause 2 would require the Government to report annually on the impact of this Bill on divorce applications and marriage support. It would require them to report to this place on the impact of the Bill and, importantly, on those who are vulnerable, whether financially or otherwise, including children, and, equally importantly, on the availability and take-up of counselling and support services for those involved in divorce proceedings across the country.

In conclusion, as I am sure colleagues will now be aware, I fundamentally oppose this Bill. It does not promote fairness or justice, as I have sought to explain. What is fair or just about someone being able to just walk swiftly away from their relationship responsibilities, especially if children are involved, with no dialogue and without being held to account? Nothing in this Bill will help to reduce the inherent pain of the ending of so many relationships—of the rejection, the loss, the severance of a relationship that started with so many high hopes. This is a sad day for this House and my saddest in 10 years here.

[Alex Cunningham (Stockton North) (Lab)]

Put simply, Labour supports this Bill. It is in line with Labour party policy. It sends the right message, we believe, many years later than it should have arrived in this place.

We support reforming some of the archaic and outdated hoops that people have to jump through if they want their marriage to end. People who may never have sought or needed a divorce may not know that there is currently no such thing as a no-fault divorce and that one of the parties must be “to blame” for a relationship ending. They may not know that if there is no blame to be laid, people must spend two years separated before they can file for divorce. They may not know that if one of the parties objects to divorce, the other must remain married to them for five years. That is why we hope that Ministers will reject amendment 1. I will turn specifically to that soon.

Marriage is supposed to be a happy and special occasion where two people come together in front of their loved ones and commit themselves to each other, and then set up their lives together. But we would be naive to think that all marriages will last forever. People change and life changes. Something that may have once seemed perfect will not necessarily be that way forever. There is no reason why, in situations where there is no fault, two people should be forced into a hostile situation where they have to find blame, keeping them married for long periods and preventing them from moving on with their lives.

[Alex Cunningham]

I think that is a matter for the individuals involved. Adults who are embarking on divorce are supposedly mature people and they should be able to sort these things out for themselves. If they want to blame somebody for some reason, that is very much a matter for them.

It is right that this Parliament is taking action to bring divorce law into the 21st century and recognise that in many cases there is no blame—there is just no desire to be together any more. We should be facilitating peaceful endings of marriages where that is possible. I am pleased that this Bill makes excellent moves towards achieving that.

Yet the Opposition have identified several related matters that we felt needed to be heard and considered. From the list of amendments, I see that some Conservative Members also felt that some changes were needed. I plan to address these in turn. Amendment 1 would extend the minimum legal period for a divorce from the six months in the Bill to a year. Wo did not see what value or benefit this would provide; it would simply force two people together for longer than they need to be.

[Fiona Bruce]

I do not know whether the hon. Gentleman listened to my speech when I was talking about the opportunity for more time to discuss potential reconciliation.

[Alex Cunningham]

I think that when people embark on divorce proceedings, it is not because they have just changed their mind overnight—relationships break down over a long period and they get to that point. So extending the period anywhere beyond six months does not serve any great further purpose.

I know that it is up to the Government to defend their Bill, but we hope that Ministers will not give way on this issue. Amendment 1 is not within the spirit of the Bill, and it fails to recognise that, by the time a married couple reach the stage of deciding to file for a divorce, they have already made their decision. It is highly unlikely that they will change their minds simply because they have to wait longer for the divorce to be finalised. We are talking about adults—adults who were deemed to have the ability to consent to get married in the first place, and adults who still have the capacity to consent to end that marriage.

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[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.

[Fiona Bruce]

My hon. Friend used the phrase “the horse has bolted” in reference to the time the petition is initiated. In fact, in recent years tens of thousands of petitions have been abandoned after being lodged at court; the marriages have remained intact. Is not that something we should celebrate and encourage?

[Sir Robert Neill]

I think it rather depends on the grounds on which the petition is abandoned. If someone was coerced into abandoning a petition, I would not regard it as something to celebrate, to be perfectly frank, as that would be allowing a coercive party to win. That may not be the case in most instances, but that is a reality as well. The evidence also shows that about 10% of petitions do not proceed to their final conclusion, but that is very often because of procedural reasons, and sometimes because of no co-operation on the part of the respondent. With respect, I am not sure that that is the best argument.

Unfortunately, and as has been pointed out, amendment 1 appears simply to delay dealing with an issue that needs to be resolved. It is merely reinserting and increasing the time period. The longer the period goes on, the greater is the likelihood of conflict and hardship, and the greater is the risk that the stronger partner—whether financially or emotionally—in a relationship that has not always been happy and who may have verged on being coercive or been outright coercive, will have all the cards in their hands. The longer it goes on, the more they can push back against the person who is seeking to leave an unhappy relationship and genuinely move their life on. I do not believe the amendment would have the effect my hon. Friend seeks of making the divorce process easier or better.

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[Sir Robert Neill]

It seems to me that that is precisely what the Bill is seeking to do. The problem is the requirement to prove the following facts to support that because, inevitably, that evidential requirement elides into the grounds, and the conflict created by the need to prove one or other of those facts is the difficulty. So I think that the Bill is moving in the direction that my hon. Friend, with his own experience in the law, will probably wish us to go.

[Fiona Bruce]

So now we are substituting the requirement to prove a fact with someone merely being able to state their opinion and that being accepted as fact. Does my hon. Friend think that is right?

[Sir Robert Neill]

If the ground is made out that the marriage has irretrievably broken down, I think most people would say that there is no merit in seeking to go beyond that. I know it is suggested that there ought to be some finding of fault on the record. This is not a criminal process and I do not think that helps anyone. Ultimately, the court process is not there even to assist someone in a measure of trauma, I have to be blunt about that. That is not what the court process is there for. By all means, help people when their relationships get into trouble and do more than we already do. I would not support the Opposition’s amendment in the form in which it currently appears, but I hope the Minister will have more to say about what can be done to make access to legal advice more readily available to people when their relationships start to fall apart and when divorce looms. Legal aid was withdrawn from divorce overall. I understand the financial reasons behind that and I understand the argument that, if we move to a system where we do not have the level of confrontation, it may not be necessary in many cases, given the other changes—the online portal and other matters—to go down the route of requiring lawyers at every stage.

--- Later in debate ---

[Alex Chalk]

My hon. Friend is another example of an extremely principled individual who I know has misgivings about this Bill. I can give him that assurance, but I want to deal with that point specifically in the course of my remarks. He has spoken to me; he has principled objections that I have listened to carefully.

On amendment 1, let me begin by noting what appears to be common ground between all parties—namely, all are agreed that introducing a minimum period before someone can apply for a conditional order is a sensible way forward. Currently—this bears some emphasis—there is no minimum period. Using the online service, a divorce can currently be secured in a matter of weeks—it is currently an average of 17 weeks up to the conditional order, which the Government think is too short. That is why we have prescribed a minimum period of 20 weeks before the conditional order, and six months in total, to allow time to reflect and, in appropriate circumstances, to think again. Crucially, however, as a result of the Bill, that reflection need not take place in an atmosphere that is toxified by hurtful accusations.

I also stress the word “minimum”, because issuing an application does not start a sort of countdown clock, or a ticking bomb that proceeds remorselessly to the dissolution of a marriage; no, it simply imposes a minimum period which, on expiry, changes nothing. The court makes no order, until such time as the further active step is taken to apply for a conditional order. At that point, the marriage still endures, and a further minimum period is triggered. Once again, at the end of that period the marriage does not automatically dissolve; it persists until such time as a further active step is taken to apply for a final order. In other words, it takes three active steps before a marriage can be dissolved. It is no wonder that the impact assessment prepared in advance of this Bill—here I am in the unhappy position of gently disagreeing with my hon. Friend the Member for Southend West (Sir David Amess) who gave such a brilliant speech—indicated that around 80% of divorces are expected to take longer as a result of these measures. I respectfully suggest that that gives the lie to the “quickie divorce” label.

My hon. Friend the Member for Congleton (Fiona Bruce) wishes to extend the 20-week element to 46 weeks, so that a marriage cannot be legally ended until more than a year after the initial application, averring that it has irretrievably broken down. My first concern is that the amendment would not affect civil partners—that cannot be right, although I do not suppose it was deliberate. On the wider issue of the appropriate minimum period, to make a fair judgment we need an appreciation of the state of relations between the parties that typically prevails at the time a petition is issued—my hon. Friend the Member for Bishop Auckland (Dehenna Davison) made this point. Is it the case, as my hon. Friend the Member for Congleton said, that applications—which, by the way, cost £550—tend to be issued in a fit of pique after a row, or as she powerfully put it, on the “spur of the moment”, or does the issuing of a petition tend to come at the end of many months, or even years, of sorrow, pain, periods of separation and attempts at reconciliation, counselling, or all of the above? Overwhelmingly, I respectfully submit, it will be the latter. The solemn and grave decision to seek a petition is rarely taken lightly or impetuously. That assessment does not only reflect our lived experience of the world that we bring to these proceedings; it also reflects empirical evidence from the 2017 study by the Nuffield Foundation, which is the only recent large-scale study on this issue in England and Wales.

[Fiona Bruce]

I do not believe that I gave the impression, and if I did I wish to correct it, that the majority of cases would be issued on the spur of the moment, but I did say that I believed that some would be.

[Alex Chalk]

I am grateful to my hon. Friend.

On that issue, though, the 2017 Nuffield study noted that for people who have come to the hard decision to divorce and have begun the legal process of divorce, only one of 300 cases was known to have ended in attempted reconciliation. We believe that a total minimum period of six months, mindful of the circumstances that prevail at the time that it starts, is the proper—difficult, but proper—balance. We should bear in mind, too, that for those applicants who take the step after years of domestic abuse—again something that we have not really considered in this debate—six months may feel markedly or even unfairly onerous. Some people need to move on with their lives. Let us not forget the point made by the hon. Member for Stockton North (Alex Cunningham)—that 12 months would be especially harsh for couples who had already been separated for any length of time, not least because of the potential financial hardship. That, as I say, has a particular application for victims of domestic abuse, as they may be left in dire financial straits. Put simply, until they can sort out the divorce—until they can finish the process—how can they then move on with their lives, fund their lives, and fund the lives of their children?

Amendment 2 talks about joint applications. I will not go into that because I simply do not have time, but let me talk about sole applications. This is a really important point, and I have enormous sympathy with it. My hon. Friend the Member for Congleton effectively says that we should start the period when notice of proceedings has been received by the other party. I absolutely get this point. We entirely understand that no one wants to see respondents being ambushed; it would be nonsensical. I listened very carefully to what she said about this so powerfully on Second Reading. I will return shortly to the measures to address the risk. In fact, I will have to do it now because I am running out of time. In short compass, I spoke to the chair of the Family Procedure Rule Committee only this week. We would like, through that committee, to ensure that timings are imposed when people should serve these notices. That is a really good thing.

I anticipate that my hon. Friend will say, “Well, that’s very interesting, but why didn’t you put it on the face of the Bill?” My simple point about that is that overwhelmingly, whether in the criminal jurisdiction, the civil jurisdiction or the family jurisdiction, it is left to the rule committees to provide these rules. Indeed, there are rules for service of claim forms, particulars of claim and so on. It would create a strange imbalance if we had some rules in statute and some in the rules. It would create inconsistency that would be difficult for practitioners as well as, most importantly, for the individuals concerned. However, we entirely sympathise with the point and would want to see it addressed.

Amendment 3 seeks to prevent either party to a sole application for divorce from making any financial applications, pending suit, if the other party agrees to a financial application during the 20-week minimum period. While acknowledging the intention behind the amendment, such a restriction would introduce the scope for significant adverse financial impact on one or both of the parties, and, most importantly, on any children.

There is so much that I would love to go into, but I cannot, and I will have to write to my hon. Friends to give time for my hon. Friend the Member for Congleton to respond. We are unable to accept the amendments or new clauses. The points have been made very powerfully, but we are left with the position that this Bill, in the words of my right hon. Friend the Member for South Northamptonshire (Andrea Leadsom), will be pro-happiness because it is anti-bitterness. I commend it to the Committee.

[Fiona Bruce]

I thank the Minister for his comments about addressing with the Family Procedure Rule Committee the very great concerns that I have regarding shortage of notice. I look forward to hearing from him as to how that issue will be addressed. Obviously I would have preferred it to have been in the Bill, but I thank him for his assurance.

I am sure that the Minister will have heard the grave and fundamental concerns about this Bill, particularly among Conservative Members. By my reckoning, more than half of today’s speakers have spoken with deep concern about the implications of the Bill. Given, in particular, the weight and volume of opposition during this debate on the shortage of funding support for relationships, for marriage and for reconciliation, I am minded to test the will of the House on that issue and, in due course, to press new clause 1 to a vote. On that basis, I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.