Divorce, Dissolution and Separation Bill [Lords] — House of Commons, 2020-06-17
Topic: Law and Crime
Alexander Cunningham (Labour, Centre-left): I will address that later in my speech, but I am in favour of greater support for people who want to see whether they can reconcile their relationship Let us not prolong the hurt and difficulty that people inevitably go through when they decide that their marriage is no longer what either of them wants. As the Secretary of State said on Second Reading, a minimum period of six months provides "an equality of approach that will no longer discriminate in favour of those couples who perhaps have the means and the wherewithal to either separate and live separately"—[Official Report, 8 June 2020; Vol. 677, c. 97.] We must take into consideration the impact of our decisions on people’s lives. I see no reason why six months would be too short a time for this process to take place. Dragging out the proceedings would not be fair to either party, and it certainly would not be fair on any children involved; we have a duty to take their welfare into consideration too. It would be infinitely better for children to have two parents who separated and divorced quickly and quietly, rather than those children enduring years of something that can be very traumatic and have a lasting impact on them and their future relationships On Second Reading, the right hon. Member for New Forest West (Sir Desmond Swayne) said: "We have all experienced in our surgeries those parents who continue to use their children as weapons in prosecuting a continuing war against their former partners. The removal of fault will not remove that entirely, but I am confident that it will certainly diminish it."—[Official Report, 8 June 2020; Vol. 677, c. 113.] He was right. Why should anyone’s children be used as weapons for years on end, causing more pain, distress and doubtless illness as well? Let us not delay proceedings even further. Let us acknowledge that, by the time a divorce has been filed, the parties have already made up their mind and should be allowed to dissolve their marriage without having the legal period extended to a year Amendments 3, 4 and 5 appear to be an attempt to frustrate the process of a speedy resolution to divorce proceedings. Amendments 3 and 5 would strengthen the hand of the person who has control of the financial resources in situations where there is financial abuse. Maybe I have missed something, but it seems to me that it would do nothing to help the party who does not have the financial upper hand. Financial settlements are needed as quickly as possible to enable a divorcing couple to live apart. If the intent is for divorcing couples to remain living together during the period of the divorce due to financial restrictions on one party preventing them from moving out, this would be ill-advised. It would not lead to some miraculous reconciliation, but will allow for even greater friction, and it would be counterproductive to the aims of the Bill to encourage amicable divorce and separation. The Law Society has said: "There can be severe, sometimes irretrievable, financial prejudice to an applicant if final divorce is granted before a financial settlement is reached." It is important for discussions on financial settlements not to be delayed, which would only delay divorce proceedings and cause further hurt and frustration I turn to new clause 1. I do not think anyone can fail to agree that increased support for marriages is a good thing, but we need much more clarity on how it would work and how it would be funded. I certainly do not think it is something that could or should be made mandatory for couples who are petitioning for divorce. The availability of support for people who wished to access it would be welcome, and I am mindful that couples who would like support may not have the resources that others are able to pay for. If the Government are not minded to adopt this new clause, perhaps the Minister could commit to bringing his own plan to the House designed to provide more support for couples petitioning for a divorce, as well as support for couples who want help to try to put things right before they petition for a divorce On new clause 2, we would be in favour of a report on the impact on divorce applications and marriage support. This House works best when it is informed by facts and the reality of people’s lives, and the hope is that this report would give us a true insight into the impact of the Bill. I hope the Minister will comment on that.