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Divorce (Financial Provision) Bill [HL]: Committee (21 Nov 2014)

Baroness Deech: My Lords, I am sure that the Minister will agree that the best should not be the enemy of what is workable and good going forward. I am also sure that the Minister and I are united in the deep concern I have about the unfortunate couples who are wasting their money as they go through the process at the moment. I am willing to try almost anything because this has been a concern of mine for the...

Divorce (Financial Provision) Bill [HL]: Committee (21 Nov 2014)

Lord Faulks: My Lords, this has been a useful and instructive debate on this interesting and significant area. There are those who retain great faith in the institution of marriage. The noble Baroness herself said that, and I for one see no tension between thinking that and nevertheless being of the view that it is important there should be some sensible provision about prenuptial agreements. Her student...

Divorce (Financial Provision) Bill [HL]: Committee (21 Nov 2014)

Lord Faulks: I am not seeking to suggest that form E is not an extremely thorough document and I am sure that my noble friend is absolutely right on the point. But the amendment seeks to alter the rules from “full disclosure” to “proper disclosure”. If form E is going to be what proper disclosure is, my noble friend may well be right. My point is simply that proper disclosure appears to be a...

Divorce (Financial Provision) Bill [HL]: Committee (21 Nov 2014)

Lord Faulks: I am sure that all noble Lords realise that what the noble Baroness meant by saying that the 1973 Act had not been revisited was that the approach that was set out in that Act has not been changed since that date. Although there have in fact been a considerable number of amendments to the Act, as the noble and learned Lord, Lord Walker, pointed out, the overall thrust of the noble...

Divorce (Financial Provision) Bill [HL]: Committee (21 Nov 2014)

Baroness Deech: My Lords, I rise to move Amendment 6 and in so doing I propose to speak to Amendments 14, 15, 15A, 16, 18 and 19. They all stand together, forming one of the great pillars of the Bill, which is to seek to bring the law into line with what the Supreme Court in its judgments has more or less inched its way towards—to bring our law into line with Scottish law and the law applying in most of...

Divorce (Financial Provision) Bill [HL]: Committee (21 Nov 2014)

Lord Walker of Gestingthorpe: My Lords, I will speak to Amendments 6 and 15A. As the noble Baroness, Lady Deech, said, Amendment 6 is one of the main pillars of the Bill. The revised proposed new clause embodied in Amendment 6 lays down the general principle that matrimonial property is to be divided equally in normal circumstances. That is the easy bit. The more difficult bit is defining with reasonable precision what...

Divorce (Financial Provision) Bill [HL]: Committee (21 Nov 2014)

Lord Faulks: My Lords, I begin by congratulating the noble Baroness, Lady Deech, on skilfully steering this Bill to Committee stage. I thank her very much, too, for communicating with the Government about the amendments and the thinking behind them; we are extremely grateful for that clarification. The Government’s position was made clear at Second Reading and it would not be helpful to repeat that...

Divorce (Financial Provision) Bill [HL]: Committee (21 Nov 2014)

Lord Faulks: My Lords, I shall speak briefly to this group of amendments. As the noble Baroness said, a number of these are technical or drafting improvements on which I need not detain the House; I have only these brief comments of substance to make. I acknowledge the noble Baroness’s intention to limit the potential for litigation under this Bill through her amendments. Amendment 20 is consequential...

Divorce (Financial Provision) Bill [HL]: Committee (21 Nov 2014)

Baroness Deech: My Lords, I will speak also to the question of whether Clause 6 stand part of the Bill. All these amendments, starting with this one, have at their heart the protection of children and assistance to middling and lower income families, who are facing terrible problems now that legal aid has been removed from assistance in divorce law, and with the exceedingly high number of divorces that we...


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