Divorce, Dissolution and Separation Act 2020

Lord Blencathra Excerpts

Tuesday 13th October 2020 Lords Chamber

[Baroness Scott of Bybrook (Con)]

I hope I heard what the noble and right reverend Lord said. The 20 weeks are there specifically to make time for people to reconsider if they want to. All relationship or marital support will be online, so they can stop the proceedings if they need and want to.

[Lord Blencathra (Con) [V]]

My Lords, family courts have complained about trivial applications because of unresolved issues between divorcees. As a spouse can divorce their partner unilaterally, and the spouse has no opportunity to raise issues in a non-adversarial divorce process, what steps will the Government take to ensure that these conflicts can be addressed, or else there will be a large increase in applications?

[Baroness Scott of Bybrook (Con)]

My Lords, the so-called unilateral divorce by one spouse has effectively been available for nearly 50 years. It is only the basis of the divorce that can be contested, not the application itself. Interestingly, only 2% of divorce petitions are contested. By reducing the potential for conflict between divorcing parents, our reforms should make the escalation of trivial disputes into applications less, not more, likely. In addition, the Ministry of Justice has worked with Cafcass and OnePlusOne to develop the Co-Parent Hub, offering a one-stop shop for families, including alternative dispute resolution options.