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Divorce: New law could lead to 'spike' - minister | |
(32 minutes later) | |
A new law could lead to a 'spike' in divorces, but the rate is ultimately like to "remain much the same", the justice secretary has said. | |
David Gauke said people were holding off until the law changed leading to an increase "in the waiting list". | |
He said it was vital the reforms were made to end the divorce "blame game". | |
The Divorce, Dissolution and Separation Bill removes the need, in England and Wales, to find fault in order to start proceedings immediately. | |
MPs approved the bill at its second reading - bringing changes a step closer to becoming reality. In order to become law it will undergo further scrutiny from MPs before being considered by peers in the House of Lords. | |
During the debate, Mr Gauke told the Commons current rules prevent couples from separating "if they have grown apart" unless they have the means to live apart for two years. | |
He also said a change in the law would help in situations where there is one abusive partner, but the other does not want to raise these issues in court. | |
Shadow justice secretary Richard Burgon said Labour supported the bill, arguing it would protect women from domestic abuse, limit the damage to children and "encourage amicable separations". | |
But he also urged the government to reintroduce legal aid for early legal advice for couples going through the divorce procedure. | |
Current grounds for divorce in England and Wales: | Current grounds for divorce in England and Wales: |
When you apply for a divorce you must prove your marriage has broken down and give one of the following five reasons: | When you apply for a divorce you must prove your marriage has broken down and give one of the following five reasons: |
Source: Gov.UK | Source: Gov.UK |
What does the new bill do? | What does the new bill do? |
Source: Parliament.uk | Source: Parliament.uk |
Other MPs were less supportive of the bill, emphasising their belief in the importance of couples staying together. | Other MPs were less supportive of the bill, emphasising their belief in the importance of couples staying together. |
Conservative Fiona Bruce said there was evidence that "even in argumentative" relationships, the stability of marriage benefitted any children. | Conservative Fiona Bruce said there was evidence that "even in argumentative" relationships, the stability of marriage benefitted any children. |
She suggested the proposals would promote "divorce on demand" and could "inhibit the dialogue that could promote reconciliation". | She suggested the proposals would promote "divorce on demand" and could "inhibit the dialogue that could promote reconciliation". |
DUP MP Gavin Newlands disagreed with her, though, asking "why should someone feel trapped in a marriage in which they are not invested?" | DUP MP Gavin Newlands disagreed with her, though, asking "why should someone feel trapped in a marriage in which they are not invested?" |
Lib Dem Wera Hobhouse said the law was "a positive step" which would "empower people, not hold them back". | Lib Dem Wera Hobhouse said the law was "a positive step" which would "empower people, not hold them back". |
However, she said the legal system still needed to "catch up". She said "millions of couples live together without making a formal commitment", and urged the government to introduce "essential rights" for those who had cohabited for at least three years. | However, she said the legal system still needed to "catch up". She said "millions of couples live together without making a formal commitment", and urged the government to introduce "essential rights" for those who had cohabited for at least three years. |
Spike in divorces? | Spike in divorces? |
Another Tory MP - Eddie Hughes - told MPs he thought his marriage "would be forever but my wife decided otherwise". | Another Tory MP - Eddie Hughes - told MPs he thought his marriage "would be forever but my wife decided otherwise". |
"It was a very emotional time," he said. | "It was a very emotional time," he said. |
He raised concerns that the new rules could make it easier to divorce and there would be "a spike" in the number of couples separating. | He raised concerns that the new rules could make it easier to divorce and there would be "a spike" in the number of couples separating. |
On the possibility of a spike in rates, Mr Gauke said a rise was inevitable because people have been holding off their separation, waiting for the laws to be changed. | |
"So, the likelihood is there will be an increase because of that waiting list," he said. | |
He added international evidence indicated "once that initial spike has been dealt with... the divorce rate is unlikely to increase and it is likely to remain much the same." | |
The proposed changes follow the Supreme Court's rejection of a woman's appeal for divorce after her husband refused to agree a split. | The proposed changes follow the Supreme Court's rejection of a woman's appeal for divorce after her husband refused to agree a split. |
Tini Owens, 68, from Worcestershire, wanted to divorce her husband of 40 years, on the grounds that she was unhappy. | Tini Owens, 68, from Worcestershire, wanted to divorce her husband of 40 years, on the grounds that she was unhappy. |
But husband Hugh refused to agree to it and the Supreme Court unanimously rejected her appeal. | But husband Hugh refused to agree to it and the Supreme Court unanimously rejected her appeal. |
It meant the couple must remain married until 2020. | It meant the couple must remain married until 2020. |