Divorce, Dissolution and Separation Bill [Lords]

Part of the debate – in the House of Commons at 9:03 pm on 8 June 2020.

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Photo of Toby Perkins Toby Perkins Shadow Minister (Education) 9:03, 8 June 2020

I very much enjoyed the speech by Andrew Selous, who gave us all food for thought, and I welcome entirely the spirit in which this debate has taken place so far. I do not know whether I ought to declare an interest, because after 21 years of marriage, I am sadly in the process of going through a divorce.

The primary concern of everyone who has children and is going through such an unhappy incident is the impact that it will have on their children. I think that the current legislation does lead to unnecessary additional conflict and blame, so the Government are right to pursue this important legislation at a time when they are extremely busy.

In speaking in this debate, I am carrying on in the family way, because my great-grandfather, A. P. Herbert, was the original author of the Matrimonial Causes Act 1937. Some unkind remarks may be made to the Minister in Committee, but A. P. Herbert would have thought of that as a very easy ride, compared with what was said in 1937 when he brought that legislation through. The Secretary of State was right to stress that wanting to assist couples to split in as amicable and blame-free a fashion as possible does not in any way undermine what marriage is all about, or fail to recognise the crucial role that that institution plays in our society.

It is important to recognise what the current process does. It not only moves couples down the route of having to find blame and conflict, but includes the role of the court—the state—in deciding whether or not people should be married. The state does not consider that it has anything like the same level of responsibility for deciding whether a couple get married in the first place—if they meet at 4 o’clock and decide at 8 o’clock that night that they want to be married, the state considers that none of its business. So why, if a couple come to the conclusion that they should no longer be together, should the state consider that it is its business to investigate whether they are right?

I will leave it there, but I welcome what the Government and my right hon. Friend Mr Lammy said and the spirit in which this debate is taking place. I hope that we will all keep in mind the need to ensure that couples who sadly reach the conclusion that they must separate are able to do so in as amicable a fashion as possible.