Session 2017-19
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Other Bills before Parliament


 
 

1

 

House of Commons

 
 

Notices of Amendments

 

given up to and including

 

Wednesday 3 July 2019

 

New Amendments handed in are marked thus Parliamentary Star

 

Parliamentary Star - whiteAmendments which will comply with the required notice period at their next appearance

 

Amendments tabled since the last publication: 7

 

Consideration of Bill (Report Stage)


 

Divorce, Dissolution and Separation Bill


 

Note

 

This document includes all amendments tabled to date and includes any

 

withdrawn amendments at the end. The amendments have been arranged in the

 

order in which they relate to the Bill.

 


 

Fiona Bruce

 

Eddie Hughes

 

NC1

 

Parliamentary Star - white    

To move the following Clause—

 

         

“Report on the impact on divorce applications and marriage support

 

(1)    

The Secretary of State must publish an annual report on the impact of this Act on

 

divorce proceedings and marriage.

 

(2)    

The report under subsection 1 must include, but is not limited to—

 

(a)    

the number of divorce applications made under the provisions of this Act;

 

and

 

(b)    

the number of married couples or civil partners who seek relationship

 

counselling during the divorce process, broken down by demographic

 

and geographic location; and


 
 

Notices of Amendments: 3 July 2019                     

2

 

Divorce, Dissolution and Separation Bill, continued

 
 

(c)    

a statement on the support services and marriage counselling available to

 

married couples or civil partners as an alternative to divorce proceedings

 

under this Act.

 

(3)    

The report under subsection 1 must be laid before both Houses of Parliament.”

 


 

Fiona Bruce

 

Eddie Hughes

 

NC2

 

Parliamentary Star - white    

To move the following Clause—

 

         

“Increased support for marriage and civil partnerships

 

(1)    

Section 22 of the Family Law Act 1996 (Funding for marriage support services)

 

is amended as follows.

 

(2)    

In subsection (1), for “may” substitute “must”.

 

(3)    

In subsection (1)(a), at end insert “, both before and during a marriage”

 

(4)    

After subsection (1)(a) insert—

 

“(aa)    

marriage counselling for any partners to a marriage where an

 

application has been made to the court to dissolve the marriage

 

under section 1 of the Matrimonial Causes Act 1973.”

 

(5)    

After subsection (3) insert—

 

“(4)    

Any reference to marriage or marital breakdown in this section also

 

applies to civil partnerships.””

 

Member’s explanatory statement

 

This new clause would ensure increased support for marriages and new support for couples where

 

an application for divorce has been made to the court.

 

 


 

Michael Tomlinson

 

7

 

Parliamentary Star    

Clause  1,  page  1,  line  10,  at end insert—

 

“(3)    

The court, on receipt of an application under subsection (1), must ensure that both

 

parties are provided with information on marriage support or relationship

 

counselling available to couples as an alternative to divorce proceedings under

 

this Act.”

 

Frank Field

 

1

 

Parliamentary Star - white    

Clause  1,  page  1,  line  11,  after “subsection (1)” insert “must consider whether a

 

divorce order is in the interests of any child of the family and, if the court is satisfied that

 

it is,”

 

Member’s explanatory statement

 

This amendment would require the courts to take the wellbeing of any children in the family into

 

account before granting a divorce order to end a marriage.


 
 

Notices of Amendments: 3 July 2019                     

3

 

Divorce, Dissolution and Separation Bill, continued

 
 

Fiona Bruce

 

Eddie Hughes

 

3

 

Parliamentary Star - white    

Clause  1,  page  2,  line  8,  at end insert—

 

“(5A)    

For the purposes of subsection (5), “the start of the proceedings” means—

 

(a)    

in the case of an application that is to proceed as an application by both

 

parties to the marriage, the date on which both parties apply for an order

 

under subsection (1), or

 

(b)    

in the case of an application that is to proceed as an application by one

 

party to the marriage only, the date when the notice of an application for

 

a divorce order has been received by the other party to the marriage.”

 

Member’s explanatory statement

 

This amendment would define the start of divorce proceedings so that it is clear when the 20-week

 

period would start.

 

Fiona Bruce

 

Eddie Hughes

 

4

 

Parliamentary Star - white    

Clause  1,  page  2,  line  18,  at end insert—

 

“(8A)    

In the case of an application that is to proceed as an application by one party to

 

the marriage only, there shall be no commencement of financial provision

 

proceedings until the end of the period of 20 weeks from the start of the

 

proceedings for the divorce order unless—

 

(a)    

the other party to the marriage agrees to the commencement of financial

 

provision proceedings, or

 

(b)    

where there is an application under section 22 for the court to make an

 

order for maintenance pending suit.”

 

Member’s explanatory statement

 

This amendment would ensure that there are no discussions about financial settlement in the 20-

 

week period unless both parties agree or there is an application to the court for interim

 

maintenance and financial injunctions.

 


 

Frank Field

 

2

 

Parliamentary Star - white    

Clause  3,  page  3,  line  15,  after “subsection (1)” insert “must consider whether a

 

dissolution order is in the interests of any child of the family and, if the court is satisfied

 

that it is,”

 

Member’s explanatory statement

 

This amendment would require the courts to take the wellbeing of any children in the family into

 

account before granting a dissolution order to end a civil partnership.

 



 
 

Notices of Amendments: 3 July 2019                     

4

 

Divorce, Dissolution and Separation Bill, continued

 
 

Fiona Bruce

 

Eddie Hughes

 

5

 

Parliamentary Star - white    

Clause  4,  page  4,  line  9,  at end insert—

 

“(2A)    

For the purposes of subsection (2), “the start of the proceedings” means—

 

(a)    

in the case of an application that is to proceed as an application by both

 

civil partners, the date on which those persons apply for an order under

 

section 44(1), or

 

(b)    

in the case of an application that is to proceed as an application by one

 

civil partner only, the date when the notice of an application for a

 

dissolution order has been received by the other civil partner.”

 

Member’s explanatory statement

 

This amendment would define the start of dissolution proceedings so that it is clear when the 20-

 

week period would start.

 

Fiona Bruce

 

Eddie Hughes

 

6

 

Parliamentary Star - white    

Clause  4,  page  4,  line  18,  at end insert—

 

“(5A)    

In the case of an application that is to proceed as an application by one civil

 

partner only, there shall be no commencement of financial provision proceedings

 

until the end of the period of 20 weeks from the start of the proceedings for the

 

divorce order unless—

 

(a)    

the other civil partner agrees to the commencement of financial provision

 

proceedings, or

 

(b)    

where there is an application under schedule 5, paragraph 2(1) for

 

maintenance pending suit.”

 

Member’s explanatory statement

 

This amendment would ensure that there are no discussions about financial settlement in the 20-

 

week period for the dissolving of a civil partnership unless both parties agree or there is an

 

application to the court for interim maintenance and financial injunctions.

 

 

Order of the House [25 June 2019]

 

That the following provisions shall apply to the Divorce, Dissolution and Separation

 

Bill:

 

Committal

 

1.    

The Bill shall be committed to a Public Bill Committee.

 

Proceedings in Public Bill Committee

 

2.    

Proceedings in the Public Bill Committee shall (so far as not previously

 

concluded) be brought to a conclusion on Thursday 4 July 2019.

 

3.    

The Public Bill Committee shall have leave to sit twice on the first day on

 

which it meets.

 

Proceedings on Consideration and up to and including Third Reading

 

4.    

Proceedings on Consideration and any proceedings in legislative grand

 

committee shall (so far as not previously concluded) be brought to a

 

conclusion one hour before the moment of interruption on the day on which

 

proceedings on Consideration are commenced.


 
 

Notices of Amendments: 3 July 2019                     

5

 

Divorce, Dissolution and Separation Bill, continued

 
 

5.    

Proceedings on Third Reading shall (so far as not previously concluded) be

 

brought to a conclusion at the moment of interruption on that day.

 

6.    

Standing Order No. 83B (Programming committees) shall not apply to

 

proceedings on Consideration and up to and including Third Reading.

 

Other proceedings

 

7.    

Any other proceedings on the Bill may be programmed.

 


 

 

Revised 03 July 2019