Divorce, Dissolution and Separation Bill [Lords] — House of Commons, 2020-06-17
Topic: Law and Crime
Alexander John Gervase Chalk (Conservative, Centre-right): My hon. Friend is another example of an extremely principled individual who I know has misgivings about this Bill. I can give him that assurance, but I want to deal with that point specifically in the course of my remarks. He has spoken to me; he has principled objections that I have listened to carefully On amendment 1, let me begin by noting what appears to be common ground between all parties—namely, all are agreed that introducing a minimum period before someone can apply for a conditional order is a sensible way forward. Currently—this bears some emphasis—there is no minimum period. Using the online service, a divorce can currently be secured in a matter of weeks—it is currently an average of 17 weeks up to the conditional order, which the Government think is too short. That is why we have prescribed a minimum period of 20 weeks before the conditional order, and six months in total, to allow time to reflect and, in appropriate circumstances, to think again. Crucially, however, as a result of the Bill, that reflection need not take place in an atmosphere that is toxified by hurtful accusations I also stress the word "minimum", because issuing an application does not start a sort of countdown clock, or a ticking bomb that proceeds remorselessly to the dissolution of a marriage; no, it simply imposes a minimum period which, on expiry, changes nothing. The court makes no order, until such time as the further active step is taken to apply for a conditional order. At that point, the marriage still endures, and a further minimum period is triggered. Once again, at the end of that period the marriage does not automatically dissolve; it persists until such time as a further active step is taken to apply for a final order. In other words, it takes three active steps before a marriage can be dissolved. It is no wonder that the impact assessment prepared in advance of this Bill—here I am in the unhappy position of gently disagreeing with my hon. Friend the Member for Southend West (Sir David Amess) who gave such a brilliant speech—indicated that around 80% of divorces are expected to take longer as a result of these measures. I respectfully suggest that that gives the lie to the "quickie divorce" label My hon. Friend the Member for Congleton (Fiona Bruce) wishes to extend the 20-week element to 46 weeks, so that a marriage cannot be legally ended until more than a year after the initial application, averring that it has irretrievably broken down. My first concern is that the amendment would not affect civil partners—that cannot be right, although I do not suppose it was deliberate. On the wider issue of the appropriate minimum period, to make a fair judgment we need an appreciation of the state of relations between the parties that typically prevails at the time a petition is issued—my hon. Friend the Member for Bishop Auckland (Dehenna Davison) made this point. Is it the case, as my hon. Friend the Member for Congleton said, that applications—which, by the way, cost £550—tend to be issued in a fit of pique after a row, or as she powerfully put it, on the "spur of the moment", or does the issuing of a petition tend to come at the end of many months, or even years, of sorrow, pain, periods of separation and attempts at reconciliation, counselling, or all of the above? Overwhelmingly, I respectfully submit, it will be the latter. The solemn and grave decision to seek a petition is rarely taken lightly or impetuously. That assessment does not only reflect our lived experience of the world that we bring to these proceedings; it also reflects empirical evidence from the 2017 study by the Nuffield Foundation, which is the only recent large-scale study on this issue in England and Wales.