Divorce, Dissolution and Separation Bill [Lords]

Debate between Fiona Bruce and Robert Neill

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

[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.

--- Later in debate ---

[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.