Divorce, Dissolution and Separation Bill (First sitting)

Rosie Duffield Excerpts

Committee Debate: 1st sitting: House of Commons
Tuesday 2nd July 2019 Public Bill Committees

[Anne-Marie Trevelyan]

Q Do you think we will see an increase in applications in this cohort of families, if the process is easier?

Professor Trinder: I dispute the concept that it would be easier. I echo Nigel Shepherd’s point that it would be kinder. There is absolutely no reason why there would be a significant increase. In effect, the Bill just changes the way irretrievable breakdown is evidenced, by removing the need to present allegations that may or may not be true. What we may see—it happened in Scotland and other jurisdictions—is that there will be a temporary increase or spike in the number of divorces that are being brought forward. The law would not cause an increase in relationship breakdown; what it would do is enable people who are waiting for two years, sometimes five years, who are in a queue already because their marriage has broken down, to move on with their lives, sort out permanent agreements for their children and resolve money issues without having that long wait.

Mandip Ghai: For survivors who are thinking about leaving an abusive relationship, the point of separation is often the most dangerous time for them. There are lots of things they are thinking about, not just his reaction to the divorce. The Bill would just be one thing that would hopefully help her leave the abusive situation.

[Rosie Duffield (Canterbury) (Lab)]

Q To expand that, parties will still have to wait a year before applying. In your opinions, is there a danger that that will exacerbate any existing abuse?

Professor Trinder: That is a difficult issue, about which we have thought a lot. In general, the Bill very helpfully places responsibility for determining whether a marriage has broken down on the parties. In almost all instances, it is entirely up to the parties to determine whether the relationship has broken down and make that declaration. My only reservation with the one-year marriage bar is that it possibly has a symbolic importance to Members here. If the threat of removing the bar were to jeopardise the progress of the Bill, then I would not support it. Part of the reason for my making that statement is that there is not much evidence for needing to remove the bar.

In our study, we looked at a nationally representative sample of 300 undefended cases. Only four of those were brought within year two—months 12 to 24. Only one was brought in the 13^th month, as soon as it was legally possible to bring those proceedings. Numerically, the size of the population is small. In those four cases we also looked at what the case was about: why the marriage had come to such a precipitate end, whether it was domestic abuse, and whether it was women trying to flee an abusive relationship. None of those cases involved domestic abuse. That is not to say that there would not be domestic abuse survivors wanting to leave a marriage soon, but the numbers are very small and divorce in itself is not a protective measure.

There is the potential for nullity in the case of a forced marriage. Non-molestation occupation orders would be a solution. In any case, women would be in a better position in that, although they would have to wait 18 months, they would not have to disclose particulars of behaviour.

Mandip Ghai: We would obviously want survivors to be able to end an abusive marriage as soon as possible. We would agree with the one-year bar if concerns about it were going to derail the Bill: looking specifically at the impact on survivors, there is not enough evidence. I would also want some evidence on the impact it would have on migrant women and migrant survivors. I do not have enough information on that at the moment. There is also the issue of the potential impact on immigration status if someone’s stay is dependent on their relationship with the abuser. We do have concerns about the one-year bar, but we would agree on that if it was going to derail the Bill.

[Eddie Hughes]

Q Is there some evidence that changes of the type proposed by this legislation would lead to an increase in the number of divorces? I am reading a couple of cases here. Leora Friedberg found in her research that unilateral divorce laws were responsible for about 17% of the increase in divorce rates in the US during the 1970s and 1980s. Research across Europe by Libertad González and Tarja K. Viitanen found that

“reforms that “made divorce easier” were followed by significant increases in divorce rates”

and, moreover, that the effect of the move towards no-fault divorce laws seemed “permanent”. Is there research suggesting that we could see not just a spike in divorce but a continuation of increased divorce levels?

Professor Trinder: No.