Divorce Legislation

Lord Beecham Excerpts

Wednesday 29th March 2017 Lords Chamber

[Baroness Buscombe]

My Lords, I do not wish to discuss individual cases. Suffice it to say that the case of Owens, to which I think the noble Baroness refers, is just one of 2% of divorces in which one spouse opposes the divorce petition of the other. It is a high-profile case in the Court of Appeal and not representative of the 98% of divorces decided in the family court every day without the need for any hearing involving the parties. Indeed, in the vast majority of divorce petitions, the evidence put forward by the petitioner will be accepted by the court as sufficient to demonstrate the irretrievable breakdown of the marriage. The debate about removing fault from divorce is long standing, and the Government acknowledge the calls for reform and will consider them alongside other potential family justice reforms.

[Lord Beecham (Lab)]

My Lords, in House judgment in the Court of Appeal case, Sir James Munby, the President of the Family Division, said that,

“the law which the judges have to apply and the procedures which they have to follow are based on hypocrisy and lack of intellectual honesty”.

That is a damning criticism of the present system. Would the Minister confirm that it really is time to recognise that five years of separation is too long a period to be made a minimum before a no-fault decree can be pronounced? Will the Government consider a shorter period—perhaps two years, although there may obviously be different choices—and, when there are children under age, the possibility of a slightly longer period and a requirement for mediation?

[Baroness Buscombe]

My Lords, it is fair to say that the timing that the noble Lord has referred to is just part of a review of the overall justice system that has been undertaken by my colleague Sir Oliver Heald QC MP in another place. Any proposal for legislative change to remove fault from divorce would have to be considered as part of this wider review. We feel strongly that it would not make sense to take forward one aspect of law reform in isolation without consideration of its fit within the family justice system. Divorce can be a life-changing event for many people and has consequences for people’s financial arrangements and for any children that they have, as the noble Lord referred to. It is important that the Government consider any proposals in the context of how the family justice system supports people to reduce conflict, resolve their disputes and reach agreement.