Financial Provision on Divorce

Lord Mendelsohn Excerpts

Monday 10th November 2025 Lords Chamber

[Lord Mendelsohn (Lab)]

I congratulate the noble Baroness, Lady Deech, on securing this debate, and her excellent and compelling speech. She and the noble Baroness, Lady Shackleton, deserve great credit for their campaign and persistence in pressing for action on this matter.

The Law Commission report strongly supports the noble Baronesses’ arguments that the law on financial provisions on divorce requires change to ensure certainty and accessibility. I share the view that some form of judicial discretion is important but—dare I say?—rather like the debate over VAR in modern football, greater consistency will be welcome.

I have just a few questions for the Minister, which relate to the place and role of religious courts in relation to divorce proceedings and financial settlements. This House has been alert in previous debates to ensuring that religious courts and their procedures are not used as a means of undermining the rights of women or to disadvantage them. This is a serious matter in the case of some—thankfully, a small number —of Jewish religious divorces and in other cases.

First, I would be grateful if the Minister will confirm that, in whichever solution the Government alight on, they will ensure that consideration is given to the question of conduct. Frequently, the problems associated with denying a religious divorce can be a form of domestic abuse and especially a form of coercive control. Will the Minister undertake to consider addressing this in the Government’s proposal of how to go forward?

Secondly, we have seen terrible cases where, in the process of agreeing to a religious divorce, the religious courts, their officials and their processes have tied this outcome to varying the financial settlements and even child access arrangements, including those agreed through the courts. Will the Minister confirm that consideration will be given to including a specific exclusion to this practice?

Thirdly, will the Minister also consider reinforcing that courts of arbitration must not exceed their jurisdiction in such matters? Whilst the provisions of the Arbitration Act 1996 provide a regime which should deal with this, the obligation falls on the unfortunate victim to have to seek relief and very often in circumstances where they are under terrible pressures. Will the Minister take the opportunity to place this obligation on the courts of arbitration to ensure that they and their members are at fault if they exceed their jurisdiction in these matters?

Fourthly and finally, in relation to prenuptial agreements, will the Minister confirm that the Government will allow for PNAs to be enforced to deal with financial and other matters where financial pressures could be exerted, so that they can be forcefully upheld and varied only in exceptional circumstances?