Divorce, Dissolution and Separation Bill [Lords] — House of Commons, 2020-06-17
Topic: Law and Crime
Alexander John Gervase Chalk (Conservative, Centre-right): I am grateful to my hon. Friend On that issue, though, the 2017 Nuffield study noted that for people who have come to the hard decision to divorce and have begun the legal process of divorce, only one of 300 cases was known to have ended in attempted reconciliation. We believe that a total minimum period of six months, mindful of the circumstances that prevail at the time that it starts, is the proper—difficult, but proper—balance. We should bear in mind, too, that for those applicants who take the step after years of domestic abuse—again something that we have not really considered in this debate—six months may feel markedly or even unfairly onerous. Some people need to move on with their lives. Let us not forget the point made by the hon. Member for Stockton North (Alex Cunningham)—that 12 months would be especially harsh for couples who had already been separated for any length of time, not least because of the potential financial hardship. That, as I say, has a particular application for victims of domestic abuse, as they may be left in dire financial straits. Put simply, until they can sort out the divorce—until they can finish the process—how can they then move on with their lives, fund their lives, and fund the lives of their children Amendment 2 talks about joint applications. I will not go into that because I simply do not have time, but let me talk about sole applications. This is a really important point, and I have enormous sympathy with it. My hon. Friend the Member for Congleton effectively says that we should start the period when notice of proceedings has been received by the other party. I absolutely get this point. We entirely understand that no one wants to see respondents being ambushed; it would be nonsensical. I listened very carefully to what she said about this so powerfully on Second Reading. I will return shortly to the measures to address the risk. In fact, I will have to do it now because I am running out of time. In short compass, I spoke to the chair of the Family Procedure Rule Committee only this week. We would like, through that committee, to ensure that timings are imposed when people should serve these notices. That is a really good thing I anticipate that my hon. Friend will say, "Well, that’s very interesting, but why didn’t you put it on the face of the Bill?" My simple point about that is that overwhelmingly, whether in the criminal jurisdiction, the civil jurisdiction or the family jurisdiction, it is left to the rule committees to provide these rules. Indeed, there are rules for service of claim forms, particulars of claim and so on. It would create a strange imbalance if we had some rules in statute and some in the rules. It would create inconsistency that would be difficult for practitioners as well as, most importantly, for the individuals concerned. However, we entirely sympathise with the point and would want to see it addressed. Amendment 3 seeks to prevent either party to a sole application for divorce from making any financial applications, pending suit, if the other party agrees to a financial application during the 20-week minimum period. While acknowledging the intention behind the amendment, such a restriction would introduce the scope for significant adverse financial impact on one or both of the parties, and, most importantly, on any children There is so much that I would love to go into, but I cannot, and I will have to write to my hon. Friends to give time for my hon. Friend the Member for Congleton to respond. We are unable to accept the amendments or new clauses. The points have been made very powerfully, but we are left with the position that this Bill, in the words of my right hon. Friend the Member for South Northamptonshire (Andrea Leadsom), will be pro-happiness because it is anti-bitterness. I commend it to the Committee.