Divorce, Dissolution and Separation Bill

Paul Maynard Excerpts

2nd reading: House of Commons & Money resolution: House of Commons & Programme motion: House of Commons
Tuesday 25th June 2019 Commons Chamber

[The Parliamentary Under-Secretary of State for Justice (Paul Maynard)]

I am greatly encouraged by the quality of the debate that we have had today and by the broad support that the Bill has received from Members on both sides of the House. I particularly thank my hon. Friends the Members for Bromley and Chislehurst (Robert Neill) and for Solihull (Julian Knight), the hon. Member for Wrexham (Ian C. Lucas), my hon. Friend the Member for Newton Abbot (Anne Marie Morris) and the hon. Member for Bath (Wera Hobhouse) for their support.

The Bill is intended to help to heal family relationships when division has become unavoidable. No one, of course, seeks such an outcome. Few stand at the altar, or before a registrar, contemplating an ending rather than a beginning—“till death do us part” remains the golden thread of marital aspirations—but such is the flawed and fragile nature of human relationships that it can never be avoided altogether.

I know that all Members have families’ interests at heart. I know, too, that we share a belief in the vital importance of the commitment that marriage and civil partnerships bring, not only to couples and their families but to the wider wellbeing of our society. However, I am keenly aware that we arrive at that belief on the basis of different views and experiences.

I recognise that some Members have misgivings about the Bill. I should confess, as a Catholic myself, that when the Secretary of State presented me with it six weeks ago, I took rather a large gulp. What could I, a good Catholic boy, do with a divorce reform Bill? But the more I studied the Bill and looked at it carefully, the more I saw a civil and human measure that sought to lessen acrimony and create space for reflection. The misgivings that people have, however, are no less a part of the debate, and I am grateful to the Members who have voiced their concern as well as those who have expressed their support.

[Karl Turner (Kingston upon Hull East) (Lab)]

Will the Minister give way?

[Paul Maynard]

I will happily do so, briefly.

[Karl Turner]

I am very grateful to the Minister, not least because I have only just come into the Chamber.

I congratulate the Government on introducing this incredibly important Bill. I also pay tribute to Philip Marshall QC, my colleague at the Bar, who has campaigned on the issue of no-fault divorce for many years. Does the Minister agree, however, that we must not only pass this important Bill, but reintroduce legal aid so that couples who are considering divorce can be advised by solicitors at an early stage? That saves a lot of money in the long run, and it is much better for the entire family.

[Paul Maynard]

I may well deal with that point briefly later in my speech.

It is worth pointing out that the breakdown of a marriage and the legal process of divorce that comes after it are two very different things. There was a time when the only legal exit from a marriage demanded an act of adultery, but that never stood in the way of anyone walking out on anyone else, and the law as it stands today does not prevent it either. There are general protections for respondents and vulnerable parties in any proceedings, and those will remain. We are also extending to all respondents the ability to apply for the final order to be delayed while the court considers their financial position following divorce.

My hon. Friend the Member for Congleton (Fiona Bruce) raised a number of important points. I am not unsympathetic to her wider agenda on support for families, and I look forward to meeting her and, indeed, Lord Farmer in the coming weeks to discuss their manifesto for families. She will be aware of our reducing parental conflict programme, to which £39 million has been allocated, our troubled families programme, and many other initiatives across government. I take on board her point that we need to do far more to support relationships further upstream, because we do not wish to reach a point at which relationships fall apart unnecessarily. I also take the point made by many Members on both sides of the House about the need to reform the finances of divorce, but I consider that to be a much greater issue than can be contained in this Bill. It is highly complex, and there is, as yet, no consensus. However, we recognise that it is an issue that will need to be discussed at some point.

The hon. Member for Bath rightly mentioned adverse childhood experiences. What she said went to the nub of why I believe the Bill to be a humane measure. At the end of the day, children often bear the brunt of the unpleasantness that divorce can cause, and we do not wish to add to that unpleasantness by ensuring that the divorce process is dragged out or becomes more acrimonious than it needs to be.

Many Members have expressed concern about so-called unilateral divorce. We should bear in mind that as marriage is a voluntary union of two people, the moment one person decides that the marriage is over, it is indeed over. The current divorce laws do not prevent unilateral divorce. Only about 2% of divorces are contested, many owing to the mistaken belief that attributing fault can somehow prevent the divorce from occurring. Indeed, when a divorce is contested, the only reasonable option is to prove that there was some flaw in the validity of the marriage originally. It is important to bear in mind what the law actually does, rather than what we might seek to believe that it can do.

I hear the points made by the hon. Member for Bolton South East (Yasmin Qureshi) and others about legal aid. Legal aid remains available to those who need it, such as victims of domestic abuse. It also remains available for mediation when couples are in dispute about finances or child arrangements, which provides a non-litigious route to resolving issues and helping families to move forward constructively. I also hear the point about the bar on the dissolution of marriages in the first year. The remedy for domestic abuse remains a range of proactive orders that the court can make, including non-molestation and occupation orders. We hope that those will include the domestic abuse protection orders referred to in our draft Domestic Abuse Bill.

We have heard from many stakeholders—a wide range of third parties—who take an interest in these issues and who support the measures that the Government are taking, including, as was mentioned by my hon. Friend the Member for Bromley and Chislehurst, the chair of the Marriage Foundation, Sir Paul Coleridge.

The Bill will not, in my view, make divorce more common. It will not make divorce any easier, and it will certainly not make divorce any quicker: the 26-week period will remain in place. However, it may make divorce less acrimonious, and for that reason alone I think it is a worthwhile Bill on which to embark. Divorce and dissolution will happen regardless of how the legal processes effecting them operate, because the irretrievable breakdown of some marriages and civil partnerships is, unfortunately, inevitable. The Bill deals with that reality with the minimum of acrimony by creating the conditions that will allow people to move forward and agree arrangements for the future in an orderly and constructive way, and for that reason I commend it to the House.

Question put and agreed to.

Bill accordingly read a Second time.

Divorce, Dissolution and Separation Bill (Programme)

Motion made, and Question put forthwith (Standing Order No. 83A(7)),

That the following provisions shall apply to the Divorce, Dissolution and Separation Bill:

Committal

(1) The Bill shall be committed to a Public Bill Committee.

Proceedings in Public Bill Committee

(2) Proceedings in the Public Bill Committee shall (so far as not previously concluded) be brought to a conclusion on Thursday 4 July 2019.

(3) The Public Bill Committee shall have leave to sit twice on the first day on which it meets.

Proceedings on Consideration and up to and including Third Reading

(4) Proceedings on Consideration and any proceedings in legislative grand committee shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which proceedings on Consideration are commenced.

(5) Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on that day.

(6) Standing Order No. 83B (Programming committees) shall not apply to proceedings on Consideration and up to and including Third Reading.

Other proceedings

(7) Any other proceedings on the Bill may be programmed.—(Rebecca Harris.)

Question agreed to.

Divorce, Dissolution and Separation Bill (Money)

Queen’s recommendation signified.

Motion made, and Question put forthwith (Standing Order No. 52(1)(a)),

That, for the purposes of any Act resulting from the Divorce, Dissolution and Separation Bill, it is expedient to authorise the payment out of money provided by Parliament of any expenditure incurred under or by virtue of the Act by the Lord Chancellor or the Secretary of State.—(Rebecca Harris.)