Divorce, Dissolution and Separation Bill — House of Commons, 2019-06-25
Topic: Mixed Topics
Fiona Claire Bruce (Conservative, Centre-right): The hon. Gentleman makes a profound point. Without going too far into philosophy and theology, I will say there is something to be gained from the giving as well as the receiving within a marriage. It is difficult to understand why the Government are proposing legislation that will make the fulfilment that can be obtained from that harder to achieve. It is already hard enough for so many young people, with few role models of sustained relationships to look at and with media misconceptions about relationships so prevalent today. What is truly tragic is that it is the poorest in our society who are not now marrying in great numbers and who are the least resilient when relationships break down. Marriage brings stability. Just one in 11 married couples split before a child’s fifth birthday, compared with one in three unmarried couples. As the Minister says, children benefit from stability. The well-off are still marrying and still benefiting. That is not social justice. Sadly, as the Minister acknowledged, many families will be affected by an immediate increase in divorce rates that even proponents of the Bill accept will inevitably follow the Bill’s passage, as those who currently wait for two or five years opt for a quickie divorce instead. I understand that it could take a decade for the spike to dissipate to our normal rates of divorce—already the highest in Europe—and the heaviest effect will be felt by the children involved It is especially concerning that the Government are ignoring the result of their own public consultation on the matter. Of those who responded, 80% did not agree with the proposal to replace the five current grounds for divorce with a six-month notification process; a mere 17% were in favour of the proposals in the Bill. No less than 83% wanted the Government to retain the individual’s right to contest a divorce; only 15% said that that right should be removed. What reason did the Government give for ignoring those responses? It was that the respondents who objected to the proposals did so as a result of a campaign to raise public awareness about the proposals. That is laughable—not just laughable, but deeply worrying. Why should the public bother responding to consultations if they are ignored in this way? Are we in this place not already being ridiculed for ignoring the public’s view on another grave matter The tragedy is that the premise on which the Bill is founded—reducing conflict—is a false one. Solicitors specialising in family law tell me that no-fault divorce is no silver bullet to reduce family conflict and acrimony. They say the real source of contention between spouses and ex-spouses is finance and the division of assets. The Bill will do nothing to change that. Indeed, the Government are missing an opportunity in the Bill to tackle some grave injustices in that regard, while creating others. One solicitor who has specialised in family law day in, day out for 25 years says of the Bill: "It will in my view lead to more not less divorce" The solicitor continues: "I have dealt with a lot of cases these last few years where people have done the divorce themselves" and says the Government are "trying to make it easier to exclude lawyers—but" the divorcing couples "have not sorted out the finances correctly, either by not getting a clean break order (therefore the former spouse can still make a claim years after the divorce) or not sorting finances at all, as a dominant party (usually man) puts pressure on the other to do nothing—often causing that other to be in financial hardship." He goes on: "The issue is and always has been finance in divorce, not the divorce process. No-fault divorce will not solve anything in my view. Instead they should look at ways to provide financial equality in the process of sorting divorce and finances, as it is still often one party who is more able to pay for good legal support. The Financial Services order is supposed to allow the other to apply to court forcing the financially stronger to fund both lawyers but in reality the process is…difficult…restricted and doesn’t work." It seems the Government have missed the opportunity to address that problem, too Sadly, despite the Minister’s words, the proposals will do even less than the current procedures to promote dialogue and potential reconciliation. As I approach the end of my speech—as I said, it is a luxury to be able to speak at the desired length and to take as many interventions as people wish to make—I will quote from the explanatory notes on the Bill. They say: "The Government’s policy intention behind the reformed law is that the decision to divorce should be a considered one, and that separating couples should not be put through legal requirements which do not serve their or the state’s interests and which can lead to ongoing conflict and poorer outcomes for children."