Divorce, Dissolution and Separation Bill [Lords]

Ian Paisley Excerpts

Committee stage & 3rd reading & 3rd reading: House of Commons & Committee: 1st sitting & Committee: 1st sitting: House of Commons
Wednesday 17th June 2020 Commons Chamber

[Sir Robert Neill]

Unfortunately, that is also true. I think most of us will have seen that in our surgeries.

It is also worth saying that the pilot information meetings held under the Family Law Act 1996, which was passed but never brought into force, indicated very strongly that, by this stage, very often people have made a decision and want to move on. In reality, there may be another family, or a new relationship has started. People should not be forced to point a finger of blame. A law that requires that is doing no social or ethical good.

Amendment 3, in effect, restates and retains the fault- based approach. That is opposed by Resolution—an admirable body—and not supported by the Marriage Foundation either. I simply do not think that professionals believe that anything is gained by this approach.

[Ian Paisley (North Antrim) (DUP)]

The hon. Gentleman has reiterated that certain professionals will not gain out of this, but is not the unfortunate fact that some professionals in the legal field will set themselves up as the expert in finding the loophole, the expert in the quickie divorce, the person who can get people over the hurdles even faster? As we have seen in other fields, there will be some unscrupulous individuals who market themselves on that basis. That is a problem that the Bill introduces.

[Sir Robert Neill]

I do not think the Bill adds to that problem at all. If it exists, it can exist in any profession and can be dealt with by proper regulation. I suggest to the hon. Gentleman, for whom I have great respect, that the current situation makes that problem worse, because people have to go through what is rightly described by the research from the University of Exeter as a legal farce—a legal ritual of saying, “What is the minimum form of words that your client will accept that will meet the legal test to enable us to get divorced?” That is the sort of thing that can be taken advantage of and it is where the unscrupulous will come in. Removing fault removes the ability for the unscrupulous person to play upon fault, be they a purported adviser or a party to the divorce. Maintaining that approach and resisting these amendments, however well intended, is important and I urge the Government to do so.

It is important to look at the international comparisons. In England, a disproportionate amount of reliance is placed upon fault as the grounds for divorce. There are other grounds for divorce, but because it is complicated at the moment some 60% of divorces in England are based upon allegations of adultery. By that stage, people have split up and are often living apart. There is the business of having to point the finger about who did what. My old pupil master, whom I believe I mentioned on Second Reading, was around when we still had to go through the charade of getting an affidavit from a chambermaid or the receptionist in a hotel to prove divorce. It was a demeaning business and thank God we got rid of that. Maintaining a fault system, which, as I say, entrenches conflict, does us no credit as far as that is concerned.