Clause 1 - Power to refuse decree absolute if steps not taken to dissolve religious marriage
Divorce (Religious Marriages) Bill
10:30 am
Mr Andrew Dismore (Hendon, Labour)
It is correct that the Bill is specifically aimed at the problems of Jewish divorce, but should an unforeseen problem arise with another religion, a provision is made for the Lord Chancellor to proceed by order, which would be subject to the negative resolution procedure in both Houses.
The court would intervene only on the application of either the husband or the wife. It is a discretion that is available to the court; there is no compulsion on the judge, who would intervene only if that was just and reasonable. If one party was behaving unreasonably, the judge could intervene; if both parties were behaving reasonably, there would be no cause for him to do so. An order made by the judge could be revoked at any time.
The parties would have to produce a declaration, which must be in a specified form. The specification would be in the rules of court and could be changed relatively easily, if the paperwork proved to be more complicated than anticipated.
That is all that I have to say on the clause. I shall do my best to answer hon. Members' questions.