Divorce, Dissolution and Separation Bill

Debate between Richard Burgon and Ivan Lewis

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

[Richard Burgon (Leeds East) (Lab)]

I welcome the Bill. Labour supports the introduction of a no-fault divorce procedure, which we committed to in our 2017 general election manifesto, and we are pleased that the Government have acted, especially in the light of the troubling case of Owens v. Owens. We will therefore vote to support the Bill if a vote is called at this stage. We will use our time in Committee to amend the Bill, if need be, to ensure that it is the best law possible for those who are already going through a difficult time in their lives.

The existing procedure and law managing divorce and the dissolution of civil partnerships is not fit for purpose and is in clear need of updating. A fundamental problem with the existing law, which is set out for divorcing couples in the Matrimonial Causes Act 1973 and for the dissolution of civil partnerships in the Civil Partnership Act 2004, is that it requires people who seek a divorce to prove that the marriage has broken down, either by establishing fault on the part of one partner, or by showing that the couple have lived separate lives for a number of years. In reality, for those who cannot afford to live in two separate households for years in order to prove that their marriage has broken down, the only option currently available is to establish fault on the part of their partner. That is one way in which the current divorce law discriminates against women, particularly those on a low income, by reducing the options available to them to a fault-based divorce.

Establishing of one of the three faults—adultery, unreasonable behaviour or desertion—can be difficult, and often heightens tensions at an already stressful time. We know the hurt that such heightened tension can all too often cause. There are widespread concerns about the increased risk of domestic violence faced by women who go through this fractious process. Surveys of people who have gone through the divorce procedure show that in excess of one in four people who go through a divorce have cited a fault that is not in fact true, simply because it is their only way to secure a divorce. This is plainly an unacceptable state of affairs, and it is right that the Government are now acting to address it.

A conflictual process is deeply damaging to children’s life chances. Children will of course be better served by parents who co-operate, and if their parents have a constructive relationship. The law is a real barrier to that.

[Mr Ivan Lewis]

I reiterate the point I made earlier to the Secretary of State, who rightly talked about the impact on children of an acrimonious divorce. We need to protect children from the risk of abuse—everybody would accept that—but if a resident parent turns a child against a non-resident parent, that can cause massive long-term damage to that child. The current legal framework does nothing satisfactory to tackle that particular problem. Does the hon. Gentleman agree that now is the time to look again at what can be done differently in respect of the whole question of alienation and the impact on children?

[Richard Burgon]

My hon. Friend raises an important wider point. Further assistance and early intervention, which was mentioned by the Secretary of State, is required to protect all concerned.