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Mr. Streeter: The provision of protection from domestic violence has always been at the heart of the Bill. Indeed, the Government's determination to do something about it is evidenced by the speed with which the provisions of the Family Homes and Domestic Violence Bill of 1995 were largely reintroduced as part IV of this Bill.
In Committee--as the hon. Member for Brent, South (Mr. Boateng) rightly said--the Government rejected the idea of putting this duty into the general principles clause: we felt that domestic violence was catered for adequately in part IV, and indeed it is well catered for. But I am pleased to report that, following my conversations with the various interest groups that are expressing their concerns about domestic violence, we will happily go the extra mile and include a reference to the need to remove or diminish the risk of domestic violence, so far as reasonably practicable, during the divorce process. The Government accept that the potential for domestic violence will be present for some at a number of points in the divorce and separation process, and that it is right for those exercising functions in connection with the process to take that into consideration.
I gained some personal knowledge of the devastation to family life that the presence of violence in the home can bring through church-based counselling in the inner city of Plymouth in the early 1980s. In those days I was able to see life in the raw, and through that experience I developed a deep-seated loathing for what we now call domestic violence. I personally am pleased to support the amendment, and the Government are committed to doing what they can in the Bill to support effective measures to provide protection from domestic violence for all who need it.
Mr. Boateng:
The Minister's commitment is well known and undoubted. I appreciate the spirit and tone of his acceptance of the amendment.
Amendment agreed to.
Mr. Streeter:
I beg to move amendment No. 19, in page 2, line 30, after '(6)' insert 'or (13)'.
Mr. Deputy Speaker:
With this, it will be convenient to discuss Government amendments Nos. 20, 21 and 23.
Mr. Streeter:
At present, under clause 4, if a court is considering an application for a divorce order and a
Amendment No. 19 extends those circumstances to include a situation where the period for reflection and consideration in the case of the divorce order has been extended by six months. Under the terms of the amendment, a court would be able to proceed with the separation order in those circumstances. That would also permit a financial provision or property adjustment order to take effect where it could not otherwise do so because there were no exceptional circumstances and it would not have been just and reasonable for it to take effect earlier.
Amendment Nos. 20, 21 and 23 bring the time periods of clause 4 in line with clause 7, which was amended in Committee to provide for a six-month extension to the period for reflection and consideration, in certain circumstances. It ensures that parties cannot circumvent the six-month extension by obtaining a separation order after 12 months and immediately applying to convert it into a divorce order.
Amendment agreed to.
Mr. Streeter:
I beg to move amendment No. 25, in page 3, line 27, leave out 'more than one year' and insert
Mr. Deputy Speaker:
With this, it will be convenient to discuss the following: Amendment No. 105, in page 3, line 27, after 'year' insert
Government amendments Nos. 26 to 28, 48 to 51 and 53.
Mr. Streeter:
I cannot move the amendments formally because it is important to explain their purpose.
Under the Bill as drafted, parties are able to suspend the passing of the period for reflection and consideration by notifying the court that they wish to attempt reconciliation. The amendments provide that the passing of the lapse period following the period for reflection and consideration can also be suspended for the same reason. They will therefore encourage attempts at reconciliation right up until the time of an application for a divorce order.
On amendment No. 105, the statement does not simply lapse at the end of the period for reflection and consideration so as to give extra time to parties for whom the period for reflection and consideration may not have proved long enough to reach decisions about future arrangements, so that they do not have to recommence the divorce process. It is important, however, that there is a set time at which the statement lapses. Allowing proceedings to drag on, with all the inevitable uncertainty, can be very harmful to children, as well as potentially to the parties.
It is also important that people are aware that there is only finite time available to them for making their arrangements. Allowing people to believe that they can apply for an extension to the lapse period if they prevaricate may encourage some people to do just that. That may be the case particularly where negotiations are acrimonious, in the sense that it may be used as a bargaining chip.
Amendment No. 105 would allow the court to extend the lapse period where it appears to the court that to do so would be just in all the circumstances. Under the terms of the amendment, the court would be expected to have regard to the presumption that the divorce process should ordinarily be concluded within two and a half years. It seems to be an attempt to provide parties who have not
applied for an extension to the period for reflection and consideration with the same overall time limit for the divorce process as those who are granted an extension to the period.
The six-month extension to the period for reflection and consideration has a specific purpose. It is intended to provide additional time for parties to reconsider the step that they are taking to divorce where one party does not consent, or where they have children under 16. It is not simply an extra six months to enable parties to reach decisions on their future arrangements and it should not therefore be equated with adding on extra time to the lapse period.
Amendments made: No. 20, in page 2, line 35, after 'while' insert
'--
(a)'.
No. 21, in page 2, line 36, at end insert '; or
(b) subsection (3A) applies.'.--[Mr. Streeter.]
Amendment proposed: No. 22, in page 2, line 42, at end insert
'once the requirements of section 41 of the 1973 Act have been satisfied.'.--[Mr. Streeter.]
Amendment made to the proposed amendment: (a), leave out
'41 of the 1973 Act'
and insert
'(Welfare of children)'.--[Mr. Llwyd.]
Amendment, as amended, agreed to.
Amendment made: No. 23, in page 2, line 42, at end insert--
'(3A) Subject to subsection (3B), this subsection applies if--
(a) there is a child of the family who is under the age of sixteen when the application under this section is made; or
(b) the application under this section is made by one party and the other party applies to the court, before the end of such period as may be prescribed by rules of court, for time for further reflection.
(3B) Subsection (3A)--
(a) does not apply if, at the time when the application under this section is made, there is an occupation order or a non-molestation order in force in favour of the applicant, or of a child of the family, made against the other party;
(b) does not apply if the court is satisfied that delaying the making of a divorce order would be significantly detrimental to the welfare of any child of the family;
(c) ceases to apply--
(i) at the end of the period of six months beginning with the end of the period of reflection and consideration by reference to which the separation order was made; or
(ii) if earlier, on there ceasing to be any children of the family to whom subsection (3A)(a) applied.'.--[Mr. Streeter.]
Amendment made: No. 24, in page 3, line 4, leave out from 'statement' to 'has' in line 9.--[Mr. Streeter.]
'one year ("the specified period")'.
'(or such further period as shall, having regard to the presumption that the divorce process should ordinarily be concluded within a total period of two and a half years, appear to the court in all the circumstances to be just)'.
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