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1

 

House of Commons

 
 

Notices of Amendments

 

given up to and including

 

Tuesday 16 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

 

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withdrawn amendments at the end.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

 

Michael Tomlinson

 

Maria Caulfield

 

Jeremy Lefroy

 

Sir Gary Streeter

Derek Thomas

Sir David Amess

Sir John Hayes

 

NC1

 

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


 
 

Notices of Amendments: 16 July 2019                     

2

 

Divorce, Dissolution and Separation Bill, continued

 
 

(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

 

(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

 

Maria Caulfield

 

Michael Tomlinson

 

Jeremy Lefroy

 

Sir Gary Streeter

Derek Thomas

Sir David Amess

Sir John Hayes

 

NC2

 

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.

 



 
 

Notices of Amendments: 16 July 2019                     

3

 

Divorce, Dissolution and Separation Bill, continued

 
 

Sir Edward Leigh

 

NC3

 

To move the following Clause—

 

         

“Reduction in separation periods

 

(1)    

Section 1 of the Matrimonial Causes Act 1973 (divorce on breakdown of

 

marriage) is amended as follows.

 

(2)    

In subsection (2)(d) for “two years”, in both places, substitute “one year”.

 

(3)    

In subsection (2)(e) for “five”, in both places, substitute “two”.”

 


 

Sir Edward Leigh

 

NC4

 

To move the following Clause—

 

         

“Recording lack of consent

 

(1)    

The Matrimonial Causes Act 1973 is amended as follows.

 

(2)    

After section 1, insert—

 

“1A    

Supplemental provision in cases where one party does not consent

 

(1)    

In the case of an application by one party to the marriage only, it shall be

 

recorded on the divorce order if the other party to the marriage did not

 

consent to the divorce.

 

(2)    

For the purposes of subsection (1) the other party shall only be taken not

 

to consent to the divorce if they have made this known to the court prior

 

to the divorce order being made final.””

 

Member’s explanatory statement

 

This new clause would allow a party to a marriage who does not want to divorce to have it on the

 

public record that the divorce was against their wishes.

 

 


 

Sir Edward Leigh

 

8

 

Page  1,  line  2,  leave out Clause 1

 

Michael Tomlinson

 

Maria Caulfield

 

7

 

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.”


 
 

Notices of Amendments: 16 July 2019                     

4

 

Divorce, Dissolution and Separation Bill, continued

 
 

Frank Field

 

1

 

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.

 

Sir Edward Leigh

 

9

 

Clause  1,  page  1,  line  17,  leave out “6” and insert “12”

 

Sir Edward Leigh

 

14

 

Clause  1,  page  2,  leave out lines 7 and 8 and insert—

 

“(5A)    

A party may not give confirmation for the purposes of subsection (5)  before the

 

end of—

 

(a)    

the reconciliation period, which lasts for the period of 12 weeks from the

 

start of proceedings, and

 

(b)    

the reflection period, which lasts for the period of 20 weeks from the end

 

of the reconciliation period.

 

(5B)    

There shall be no commencement of financial provision proceedings during the

 

reconciliation period.”

 

Member’s explanatory statement

 

This amendment would create an additional 12-week period during which no discussions about

 

financial settlement could take place.

 

Sir Edward Leigh

 

15

 

Clause  1,  page  2,  leave out lines 7 and 8 and insert—

 

“(5A)    

A party may not give confirmation for the purposes of subsection (5)  before the

 

end of—

 

(a)    

the reconciliation period, which lasts for the period of 12 weeks from the

 

start of proceedings or until the condition in subsection (5B) is met,

 

whichever is later, and

 

(b)    

the reflection period, which lasts for the period of 20 weeks from the end

 

of the reconciliation period.

 

(5B)    

For the purposes of subsection (5A)(a) the condition is that the parties to the

 

marriage must meet at least three times with a person qualified to help effect a

 

reconciliation between parties to a marriage who have become estranged.

 

(5C)    

There shall be no commencement of financial provision proceedings during the

 

reconciliation period.”

 

Member’s explanatory statement

 

This amendment would create a minimum 12-week period during which no discussions about

 

financial settlement could take place and in which the parties would be required to have marriage

 

counselling.

 

Sir Edward Leigh

 

10

 

Clause  1,  page  2,  line  8,  leave out “20” and insert “40”


 
 

Notices of Amendments: 16 July 2019                     

5

 

Divorce, Dissolution and Separation Bill, continued

 
 

Fiona Bruce

 

Eddie Hughes

 

Maria Caulfield

 

Michael Tomlinson

 

Jeremy Lefroy

 

Sir Gary Streeter

Sir David Amess

Sir John Hayes

 

3

 

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.

 

Sir Edward Leigh

 

11

 

Clause  1,  page  2,  line  9,  leave out subsection (6)

 

Sir Edward Leigh

 

12

 

Clause  1,  page  2,  line  12,  leave out subsection (7)

 

Fiona Bruce

 

Eddie Hughes

 

Maria Caulfield

 

Michael Tomlinson

 

Jeremy Lefroy

 

Sir Gary Streeter

Derek Thomas

Sir David Amess

Sir John Hayes

 

4

 

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)    

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.


 
 

Notices of Amendments: 16 July 2019                     

6

 

Divorce, Dissolution and Separation Bill, continued

 
 

Sir Edward Leigh

 

13

 

Clause  1,  page  2,  line  19,  leave out from “subsection (6)” to “House” and insert

 

“may not be made unless a draft of the instrument has been laid before and approved by

 

a resolution of each”

 


 

Frank Field

 

2

 

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.

 


 

Fiona Bruce

 

Eddie Hughes

 

Maria Caulfield

 

Michael Tomlinson

 

Jeremy Lefroy

 

Sir Gary Streeter

Derek Thomas

Sir David Amess

Sir John Hayes

 

5

 

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

 

Maria Caulfield

 

Michael Tomlinson

 

Sir David Amess

 

Sir John Hayes

 

6

 

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—


 
 

Notices of Amendments: 16 July 2019                     

7

 

Divorce, Dissolution and Separation Bill, continued

 
 

(a)    

the other civil partner agrees to the commencement of financial provision

 

proceedings, or

 

(b)    

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.

 


 

Sir Edward Leigh

 

16

 

Clause  8,  page  6,  line  8,  leave out “that started” and insert “of parties married”

 

Sir Edward Leigh

 

17

 

Clause  8,  page  6,  line  8,  leave out “that started” and insert “of parties married

 

before the commencement date in the case of an application by one party to the marriage

 

only”

 

Sir Edward Leigh

 

18

 

Clause  8,  page  6,  line  20,  at end insert “and shall not be before the Secretary of

 

State makes substantial grants in connection with the provision of marriage support

 

services under Section 22 of the Family Law Act 1996.”

 

Sir Edward Leigh

 

19

 

Clause  8,  page  6,  line  20,  at end insert—

 

“(8A)    

The commencement date shall not be before the Secretary of State sets out a plan

 

for using the power under Section 22 of the Family Law Act 1996 to fund

 

marriage counselling.”

 

 

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.


 
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Revised 16 July 2019