Divorce (Financial Provision) Bill [HL]

Amendments
to be moved
in COMMITTEE

Clause 1

BARONESS DEECH

 

Page 1, line 2, after “25” insert “(2)”

 

Page 1, line 6, leave out “section” and insert “subsection”

 

Page 1, line 10, after the second “1973” insert “as amended”

BARONESS DEECH

LORD GRANTCHESTER

 

Page 1, line 10, at end insert—

““2004 Act” means the Civil Partnerships Act 2004;

“2013 Act” means the Marriage (Same Sex Couples) Act 2013;”

 

Page 1, line 19, at end insert—

““relevant financial order” means—

(a)   an order for lump sum provision in favour of a party to a
marriage under s.23(1)(c) of the 1973 Act,

(b)   a property adjustment order in favour of a party to a
marriage under s.24(1) of that Act,

(c)   a pension sharing order under s.24B of that Act,

(d)   a pension compensation sharing order under s.24E of that
Act,

and also includes any order under the corresponding provisions of the 2004 Act and the 2013 Act.”

Clause 2

BARONESS DEECH

 


Baroness Deech gives notice of her intention to oppose the Question that Clause 2 stand
part of the Bill.

Clause 3

BARONESS DEECH

LORD GRANTCHESTER

 

Page 2, line 16, leave out from “on” to “unless” and insert “them”

 

Page 2, leave out line 26 and insert “one or both parties failed to make proper
disclosure of that party’s assets before the agreement”

BARONESS DEECH

 

Page 2, line 28, leave out “the applicable rules” and insert “any rule”

BARONESS DEECH

LORD GRANTCHESTER

 

Page 2, line 29, at end insert—

“( )     Any non-compliance with subsection (1)(b) or (d) may be relied on only by
the party disadvantaged by such non-compliance.”

BARONESS DEECH

 

Page 2, line 35, leave out subsection (3)

BARONESS DEECH

LORD GRANTCHESTER

 

Page 2, line 41, leave out from “may” to end and insert “make a relevant financial
order”

Clause 4

BARONESS DEECH

 

Page 3, line 4, leave out “relevant date” and insert “date of the relevant financial
order”

 

Page 3, line 10, leave out subsection (4)

BARONESS DEECH

LORD GRANTCHESTER

 

Page 3, line 14, at end insert—

“( )     The amount of any order for lump sum provision in favour of a party to a
marriage shall be taken into account as part of the equal sharing of the
matrimonial property (irrespective of what assets are actually resorted to
by the other party in compliance with the order).”

BARONESS DEECH

 

Page 3, line 14, leave out subsections (5) and (6)

 

Page 4, line 1, leave out paragraph (b)

 

Page 4, line 6, leave out paragraph (d)

 

Page 4, line 14, leave out subsections (1) and (2)

Clause 5

BARONESS DEECH

 

Page 4, line 23, leave out “or lump sum”

 

Page 4, line 32, leave out “or lump sum”

BARONESS DEECH

LORD GRANTCHESTER

 

Page 4, line 33, leave out “three” and insert “five”

 

Page 4, line 34, after “divorce” insert “such period not to be exceeded unless the
court is satisfied that there is no other means of making provision for a party to the
marriage and that that party would otherwise be likely to suffer serious financial
hardship as a result”

BARONESS DEECH

 

Page 4, line 35, leave out paragraph (d)

 

Page 5, line 10, leave out “or lump sum”

Clause 6

BARONESS DEECH

 


Baroness Deech gives notice of her intention to oppose the Question that Clause 6 stand
part of the Bill.

Prepared 29th October 2014