Divorce (Financial Provision) Bill [HL]

Debate between Lord Kennedy of Southwark and Lord Cashman

Friday 21st November 2014 Lords Chamber

[Lord Cashman (Lab)]

My Lords, I welcome all the noble Baroness’s amendments. They seem sensible and the principle of equality is at the heart of them. I just wanted to point out that, given the equal marriage Act and the Civil Partnership Act, feasible as it is for a noble Baroness to find her footballer, it is equally feasible for a noble Lord, too.

[Lord Kennedy of Southwark]

My Lords, on the footballer point, I suggest that noble Lords should look at carefully at the teams, because certainly the teams that I and my noble friend Lord Hunt support probably would not give the sort of assets that people would be looking for.

The three amendments in this group in the name of the noble Baroness, Lady Deech, beginning with Amendment 23 in her name and that of the noble Lord, Lord Grantchester, again respond to concerns raised at Second Reading. I and others then raised the concern that the one-size-fits-all approach would not work in all cases, as there was no provision to take account of individual circumstances that could leave an individual in a much weaker position than would be reasonable. The amendments seek to address those concerns. In particular, Amendment 24 sets out a specific duty for the court to satisfy itself. This is a step in the right direction, but I am still left wondering whether we should go a little further to protect the weaker partner. However, the case for indefinite maintenance orders needs addressing and these amendments make progress in that respect.