Divorce, Dissolution and Separation Bill [Lords]

Richard Fuller Excerpts

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

[Richard Fuller (North East Bedfordshire) (Con)]

I am learning a lot from my hon. Friend, and I am grateful for her contribution. She will be able to inform me better, but one thing that occurred to me is that in the process of divorce—I am talking about friends of mine who have been through this—all the voices are about separation. That could come from the legal profession, to which I mean no disrespect, or from friends who get drawn into separate camps, but there does not seem to be much space for conciliation in the most important contract that two people will ever make. Does new clause 1 seek to address that disparity, and the way that such forces work in those difficult circumstances?

[Fiona Bruce]

That is exactly its point—very much so. That goes to the heart of the key purpose of new clause 1. Relationship support for couples in difficulty can help them to work together, so that the roots of their conflict can be addressed and terminated, rather than the relationship itself. Investment in relationship counselling would help not just the parties, but their children and wider society. Strikingly, the one provision of the Family Law Act 1996 that was retained is section 22, which enables the Government to provide funding for marriage support services, research into the causes of marital breakdown, and research into ways of preventing marital breakdown. Sadly, in recent years it seems that those provisions have not been used, and no funding has been provided specifically for marriage support. In February 2020 the Government said that between 2014 and 2019 they had invested £46.9 million in relationship support services. With family breakdown costing the UK at least £51 billion each year, surely it is now time to increase support specifically for marriage with this new clause.

On Second Reading, the Lord Chancellor said that he is a supporter of the institution of marriage. I encourage him to take a leaf out of the forward to the consultation response written by his predecessor, who stated:

“I believe that we should do everything we can to try to rebuild relationships before they become irretrievably broken down…This includes, where possible, helping to ensure that relationships can be saved before they are legally ended.”

Will my right hon. and learned Friend pass what might be called the “Gauke test”, by doing everything he can to support saveable marriages and support new clause 1?

Let me turn to amendments 2 and 4. Amendment 2 would define the start of divorce proceedings, so that it is clear when the 20-week period would start. This is an important concern about the Bill. Amendment 2, and amendment 4 with regard to civil partnerships, seek to deal with a serious defect of the Bill. At present, the petitioner for a divorce must prove service on the other party before proceedings get under way. That means that they must prove, on the record, that the other party has received notice and knows that they are being divorced. This Bill contains no such requirement. The applicant can simply lodge his application at court and the 20-week clock referred to in the Bill for proceedings to commence starts ticking.

The Bill needs amending to provide for the 20-week period not to start until the application for a divorce has been received by the other party to the marriage and this has been confirmed at court. Otherwise, as the Bill now reads, one party to the marriage could have far less than 20 weeks’ notice—if, for example, they are away from home, ill, or for some other reason the notice is not effectively served on them—prior to a court making a conditional order, leaving only six weeks left before a final order. Worse still, the Bill, as currently worded, gives a green light to unscrupulous petitioners to ambush their spouse by ensuring that by one means or another, their spouse does not receive the notice of claim filed at court promptly—so-called bombshell applications—because proposed new section 1(3)(b) of the Matrimonial Causes Act 1973 says that if the 20-week clock has ticked, the court

“must…make a divorce order”.

That can leave as little as only six weeks, or a few days more. It is possible for a devious partner to give a vulnerable spouse little over six weeks’ notice that they are being divorced—as I have said, a petitioner’s charter. That mischief needs correcting.

The Government will say that the Bill limits the opportunity for respondents to delay, control or frustrate the divorce application, and I should be grateful if the Minister would clarify where in the Bill it states that.