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Divorce, Dissolution and Separation Bill (HL) 2019-21

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Divorce, Dissolution and Separation Bill (HL) 2019-21 (63)

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Lords report stage. Amendments and new clauses debated and withdrawn. Government amendments agreed to. Bill, as amended, ordered to be printed (HL Bill 108).

Lead member
Lord Keen of Elie
Department
Ministry of Justice
Type
Debates on bills
Date
17 March 2020
Reference
802 cc1390-1439
House
House of Lords

My Lords, I shall speak to Amendment 13. It seeks simply to ensure that important information is available for divorcing couples so that they have the chance to think again about whether divorce is the best, or the only, way forward.

In Committee, I tabled an amendment that made it a...

Member
Lord Harries of Pentregarth (Crossbench)
Type
Proceeding contributions
Date
17 March 2020
Reference
802 c1055
House
House of Lords

My amendment says that this information should be on the website of the Courts & Tribunals Service, so that would not be too late; it would be when they were still exploring the possibility, not putting in an application. It would be there just as basic information. Surely there cannot...

Member
Lord Harries of Pentregarth (Crossbench)
Type
Proceeding contributions
Date
17 March 2020
Reference
802 c1423
House
House of Lords

Moved by

Lord McColl of Dulwich

1: Clause 1, page 1, leave out lines 6 to 15 and insert—

“(1) Subject to subsections (1) and (2), either or both parties to a marriage may apply to the court to initiate the process for an order (a “divorce order”).

(2) In the case of an...

Member
Lord McColl of Dulwich (Conservative)
Type
Proceeding contributions
Date
17 March 2020
Reference
802 cc1390-1
House
House of Lords

My Lords, Amendment 1 is a redrafted form of the amendment that I brought before the House in Committee. I have returned to this issue because, as I read and reflected on the Committee debate, I was not at all assured that my concerns had been addressed. In coming back...

Member
Lord McColl of Dulwich (Conservative)
Type
Proceeding contributions
Date
17 March 2020
Reference
802 cc1391-4
House
House of Lords

My Lords, I am pleased to support Amendment 1, in the name of the noble Lord, Lord McColl. I continue to be concerned about the lack of regard for the respondent demonstrated in this legislation.

In the first instance, respondents lose their right to contest the divorce and thus, in an...

Member
Baroness Howe of Idlicote (Crossbench)
Type
Proceeding contributions
Date
17 March 2020
Reference
802 cc1394-5
House
House of Lords

My Lords, I spent 50 years in family law and I have some experience of dealing with parents who are at odds with each other. I have seen the impact on their children. I am very relieved to hear that the noble Lord, Lord McColl, for whom I have the...

Member
Baroness Butler-Sloss (Crossbench)
Type
Proceeding contributions
Date
17 March 2020
Reference
802 cc1395-6
House
House of Lords

My Lords, I support what the noble and learned Baroness, Lady Butler-Sloss, said. Although I have absolute sympathy with the well-intentioned objectives of my noble friend Lord McColl, I fear that they will fall far short of what any practitioner can deliver.

Speaking from the coalface, when a person books an...

Member
Baroness Shackleton of Belgravia (Conservative)
Type
Proceeding contributions
Date
17 March 2020
Reference
802 c1396
House
House of Lords

My Lords, I associate myself totally with the wise and experienced words of the noble and learned Baroness, Lady Butler-Sloss,

and the noble Baroness, Lady Shackleton. I can well remember our discussion in Committee about the petitioner “thinking” that the relationship “may” have irretrievably broken down. This amendment inserts a...

Member
Baroness Burt of Solihull (Liberal Democrat)
Type
Proceeding contributions
Date
17 March 2020
Reference
802 cc1396-7
House
House of Lords

My Lords, I would suggest that there are two issues behind the amendment moved by the noble Lord, Lord McColl, and I am not sure that the noble Baroness, Lady Shackleton, and the noble and learned Baroness, Lady Butler-Sloss, have really addressed them. One is whether there should be a...

Member
Lord Harries of Pentregarth (Crossbench)
Type
Proceeding contributions
Date
17 March 2020
Reference
802 c1397
House
House of Lords

My Lords, the noble Lord, Lord McColl, has intimated that he will not be testing the opinion of the House on this matter, but nevertheless, I rise to support Amendment 1. There are some things worth saying in relation to this important amendment and on this very important issue.

The noble...

Member
Lord Morrow (Democratic Unionist Party)
Type
Proceeding contributions
Date
17 March 2020
Reference
802 cc1397-9
House
House of Lords

My Lords, I thank my noble friend Lord McColl of Dulwich and other noble Lords for their contributions to the debate. As my noble friend observed, the amendment would keep the existing ground of irretrievable breakdown at the start of the application only where the application was made by both...

Member
Lord Keen of Elie (Conservative)
Type
Proceeding contributions
Date
17 March 2020
Reference
802 cc1399-1400
House
House of Lords

My Lords, I thank everyone who has taken part in the debate. I have great respect for all of them. I have enormous respect for the noble and learned Baroness, Lady Butler-Sloss—we have known each other for more than 70 years, so it is quite easy to. I thank everyone...

Member
Lord McColl of Dulwich (Conservative)
Type
Proceeding contributions
Date
17 March 2020
Reference
802 c1400
House
House of Lords

Moved by

Lord Farmer

2: Clause 1, page 1, leave out lines 9 to 15 and insert—

“(2) On an application for a divorce order the court must inquire, so far as it reasonably can, into—

(a) the facts alleged by the applicant or applicants, and

(b) if the application is by one party to...

Member
Lord Farmer (Conservative)
Type
Proceeding contributions
Date
17 March 2020
Reference
802 cc1400-1
House
House of Lords

My Lords, I shall speak also to the other amendments in this group. It is not at all the norm for me to table amendments that appear to strike at the heart of what the Government, on whose Benches I sit, are trying to achieve. It is not something that...

Member
Lord Farmer (Conservative)
Type
Proceeding contributions
Date
17 March 2020
Reference
802 cc1401-4
House
House of Lords

My Lords, I entirely understand the best intentions of the noble Lord, Lord Farmer, in putting forward this amendment, but my heart sinks to hear it. It is really an effort to rewrite the Matrimonial Causes Act 1973, which we are trying very hard to get away from. I do...

Member
Baroness Butler-Sloss (Crossbench)
Type
Proceeding contributions
Date
17 March 2020
Reference
802 cc1404-5
House
House of Lords

My Lords, these amendments by the noble Lord, Lord Farmer, would add a number of conditions or barriers that would mean that a statement of irretrievable breakdown would not be accepted unless the couple had lived apart for a specific time or there was a citation of unreasonable behaviour. The...

Member
Baroness Burt of Solihull (Liberal Democrat)
Type
Proceeding contributions
Date
17 March 2020
Reference
802 c1405
House
House of Lords

My Lords, I wish to speak against the amendment. There is a practicality that is overlooked here, and that is the question of living separate and apart. It is not feasible financially or possible, particularly with children, for one party to up sticks and leave the matrimonial home; often this...

Member
Baroness Shackleton of Belgravia (Conservative)
Type
Proceeding contributions
Date
17 March 2020
Reference
802 c1405
House
House of Lords

My Lords, I thank my noble friend Lord Farmer and other noble Lords for their contributions to the debate. I will speak to Amendment 2

and the other amendments in the group: 5A, 6, 6A, 7, 8, 9, 11 and 12. These amendments seek to retain the requirement on the...

Member
Lord Keen of Elie (Conservative)
Type
Proceeding contributions
Date
17 March 2020
Reference
802 cc1405-7
House
House of Lords

My Lords, I thank all noble Lords who contributed to the debate on my amendments. They backed up my argument that opinions do not change much in this House when you put forward a case. I thank the Minister for the commitments he just made.

It was said that these amendments...

Member
Lord Farmer (Conservative)
Type
Proceeding contributions
Date
17 March 2020
Reference
802 cc1407-8
House
House of Lords