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Thank you, Mr Speaker —[Interruption.] Oh—I think I felt a kick there!
The damage to children from sustained parental conflict can be devastating. Last night I spoke at an event for the Family Solutions Group alongside the president of the family division and leading lights in the family law world. We...
Thank you, Mr Speaker —[Interruption.] Oh—I think I felt a kick there!
The damage to children from sustained parental conflict can be devastating. Last night I spoke at an event for the Family Solutions Group alongside the president of the family division and leading lights in the family law world. We...
My hon. Friend is probably not the first person to get a kicking in this place, but probably the first to get one internally. She brings an enormous amount of expertise to this place from her former career. I know that a lot of MPs have cases in which divorce...
My hon. Friend is probably not the first person to get a kicking in this place, but probably the first to get one internally. She brings an enormous amount of expertise to this place from her former career. I know that a lot of MPs have cases in which divorce...
Motion to consider. Agreed to on question.
Motion to consider. Agreed to on question.
Lords motion to consider. Agreed to on question.
Lords motion to consider. Agreed to on question.
My Lords, the draft instrument before us makes consequential amendments to primary and secondary legislation relevant to the Divorce, Dissolution and Separation Act 2020, ahead of its planned commencement on 6 April this year. The purpose of these measures is twofold: first, to introduce a new jurisdiction ground for joint...
My Lords, the draft instrument before us makes consequential amendments to primary and secondary legislation relevant to the Divorce, Dissolution and Separation Act 2020, ahead of its planned commencement on 6 April this year. The purpose of these measures is twofold: first, to introduce a new jurisdiction ground for joint...
My Lords, we support this instrument. I have just a couple of questions. I am surprised that the question of jurisdiction was not
dealt with in the Act itself. Perhaps the Minister has some explanation for that, which I have not perceived.
My second question relates to paragraph 7.7 of the...
My Lords, we support this instrument. I have just a couple of questions. I am surprised that the question of jurisdiction was not
dealt with in the Act itself. Perhaps the Minister has some explanation for that, which I have not perceived.
My second question relates to paragraph 7.7 of the...
My Lords, we, too, support the regulations. The provisions are primarily to reflect the new terminology associated with the reformed divorce, dissolution and separation proceedings in the Act, as well as to add a jurisdictional ground for the newly created joint applications.
The Act has not yet come into effect, but...
My Lords, we, too, support the regulations. The provisions are primarily to reflect the new terminology associated with the reformed divorce, dissolution and separation proceedings in the Act, as well as to add a jurisdictional ground for the newly created joint applications.
The Act has not yet come into effect, but...
My Lords, I am grateful to participating Peers for their contributions to the debate. The noble Baroness on the Labour Front Bench acknowledged that I had tacitly confirmed that 6 April was the commencement date—so I was able to answer that question without saying anything.
As to the two questions raised...
My Lords, I am grateful to participating Peers for their contributions to the debate. The noble Baroness on the Labour Front Bench acknowledged that I had tacitly confirmed that 6 April was the commencement date—so I was able to answer that question without saying anything.
As to the two questions raised...
When we think about the family courts, we must be mindful of the experiences of not only families who desperately need court intervention to work smoothly but the families who should be nowhere near a judge and would not be if they had other support to resolve their differences. I know that the Justice team cares deeply about this complex issue and that welcome changes are coming next year, so what progress has been made on the implementation of the Divorce, Dissolution and Separation Act 2020 ahead of April 2022?
When we think about the family courts, we must be mindful of the experiences of not only families who desperately need court intervention to work smoothly but the families who should be nowhere near a judge and would not be if they had other support to resolve their differences. I know that the Justice team cares deeply about this complex issue and that welcome changes are coming next year, so what progress has been made on the implementation of the Divorce, Dissolution and Separation Act 2020 ahead of April 2022?
My hon. Friend is absolutely right that a certain category of case, particularly in respect of the private family law courts, needs to go before a court because of safeguarding issues or domestic abuse. Such cases account for 60%, more or less, while the others ought to avoid going to court through the use of mediation or alternative dispute settlement. Not only is that the right thing to do for all those involved, and particularly for children, but it saves the precious resource of the family courts for when they are really needed.
My hon. Friend is absolutely right that a certain category of case, particularly in respect of the private family law courts, needs to go before a court because of safeguarding issues or domestic abuse. Such cases account for 60%, more or less, while the others ought to avoid going to court through the use of mediation or alternative dispute settlement. Not only is that the right thing to do for all those involved, and particularly for children, but it saves the precious resource of the family courts for when they are really needed.
My hon. Friend is absolutely right that a certain category of case, particularly in respect of the private family law courts, needs to go before a court because of safeguarding issues or domestic abuse. Such cases account for 60%, more or less, while the others ought to avoid going to court through the use of mediation or alternative dispute settlement. Not only is that the right thing to do for all those involved, and particularly for children, but it saves the precious resource of the family courts for when they are really needed.
When we think about the family courts, we must be mindful of the experiences of not only families who desperately need court intervention to work smoothly but the families who should be nowhere near a judge and would not be if they had other support to resolve their differences. I know that the Justice team cares deeply about this complex issue and that welcome changes are coming next year, so what progress has been made on the implementation of the Divorce, Dissolution and Separation Act 2020 ahead of April 2022?
To ask the Secretary of State for Justice, what plans he has to reduce the number of separation and divorce proceedings that end up in the family court system; and what steps he is taking to increase the use of mediation services.
To ask the Secretary of State for Justice, what plans he has to reduce the number of separation and divorce proceedings that end up in the family court system; and what steps he is taking to increase the use of mediation services.
Divorce and dissolution are a fundamental change of legal status that may have implications for people’s rights and responsibilities, for matters such as property and inheritance, and for the families involved. Since the Matrimonial Causes Act 1857, divorce has always been a court process and only the court can legally end a marriage.
However, divorcing couples can use family mediation to reach agreement about the arrangements for any children and for dividing their financial assets, rather than asking the court to decide these matters.
This government is committed to supporting more families to resolve issues such as these through mediation, where appropriate. On 26 March 2021, a £1m Family Mediation Voucher Scheme was launched by the MoJ, to encourage and better support families to use mediation and resolve disputes outside of court.
The Family Mediation Voucher Scheme is currently available in private law children cases where there are no safeguarding concerns and the case is deemed suitable for mediation. The scheme will offer over 2,000 families a financial contribution of up to £500 towards their mediation costs, giving these families the opportunity to resolve their disputes with the assistance of a trained mediator. Mediation Vouchers are offered, at the Mediation Information Assessment Meeting (MIAM) to ensure families are provided with information regarding the support they can get, before they decide to pursue their matters in the family court.
We are closely monitoring the uptake and impact of the scheme and are actively considering what more could be done to encourage parties to consider mediation as an alternative to court, including better signposting of mediation as part of the implementation of the Divorce, Dissolution and Separation Act 2020.
This government will continue to look at how the benefits of mediation can be better communicated, in order to encourage wider use of mediation where cases are suitable to do so.
To ask the Secretary of State for Justice, what steps he plans to take to ensure that more separation and divorce proceedings are resolved through mediation rather than the family courts system.
To ask the Secretary of State for Justice, what steps he plans to take to ensure that more separation and divorce proceedings are resolved through mediation rather than the family courts system.
Divorce and dissolution are a fundamental change of legal status that may have implications for people’s rights and responsibilities, for matters such as property and inheritance, and for the families involved. Since the Matrimonial Causes Act 1857, divorce has always been a court process and only the court can legally end a marriage.
However, divorcing couples can use family mediation to reach agreement about the arrangements for any children and for dividing their financial assets, rather than asking the court to decide these matters.
This government is committed to supporting more families to resolve issues such as these through mediation, where appropriate. On 26 March 2021, a £1m Family Mediation Voucher Scheme was launched by the MoJ, to encourage and better support families to use mediation and resolve disputes outside of court.
The Family Mediation Voucher Scheme is currently available in private law children cases where there are no safeguarding concerns and the case is deemed suitable for mediation. The scheme will offer over 2,000 families a financial contribution of up to £500 towards their mediation costs, giving these families the opportunity to resolve their disputes with the assistance of a trained mediator.
We are closely monitoring the uptake and impact of the scheme and are actively considering what more could be done to encourage parties to consider mediation as an alternative to court, including better signposting of mediation as part of the implementation of the Divorce, Dissolution and Separation Act 2020.
To ask the Secretary of State for Justice, what progress he has made on implementing the provisions of the Divorce, Dissolution and Separation Act 2020; and if he will make a statement.
To ask the Secretary of State for Justice, what progress he has made on implementing the provisions of the Divorce, Dissolution and Separation Act 2020; and if he will make a statement.
The Act provides for the biggest reform of divorce law in fifty years and will reduce conflict between couples legally ending a marriage or civil partnership. At Commons Third Reading of the Bill the Lord Chancellor explained the need to allow time for careful implementation and that, at that early stage, the Government was working towards an indicative timetable of autumn 2021. This was an ambitious timetable.
Following Royal Assent on 25 June 2020, the Ministry of Justice has worked closely with the Family Procedure Rule Committee to identify the significant changes needed to Family Procedure Rules and supporting practice directions, and to devise some key new procedures. Those procedural changes are critical as they will shape amendments to family court forms, the online digital divorce service, and information on gov.uk. The Family Procedure Rule Committee has now consulted on draft rule amendments and is working to finalise these rules post consultation.
In parallel, officials have begun work to identify, design and build the necessary amendments to court forms and, importantly, amend the new online digital divorce service while the procedural rules themselves are being finalised. This work includes consideration of commitments made during the passage of the Act through parliament to improve the information and signposting for couples when they navigate the legal process of divorce, dissolution or separation.
The Ministry of Justice is committed to ensuring that the amended digital service allows for a smooth transition from the existing service which has reformed the way divorce is administered in the courts and improved the service received by divorcing couples at a traumatic point in their lives. Following detailed design work, it is now clear that these amendments, along with the full and rigorous testing of the new system ahead of implementation, will not conclude before the end of the year.
The Government recognises the need for clarity on when these important reforms will come into force. This will now be on the common commencement date of 6 April 2022. While this delay is unfortunate it is essential that we take the time to get this right. The new divorce process will work to reduce conflict, which is especially damaging for children, and will reflect work the Government are undertaking through the Reducing Parental Conflict programme. That programme will build the evidence on what works to reduce harmful levels of parental conflict below the threshold of domestic abuse, working with local areas to help them embed support in their local services for families. We will also use this opportunity to strengthen signposting to family mediation as a means to resolve arrangements for children and the division of assets on divorce.
To ask the Secretary of State for Justice, if he will ensure that any proposed reforms to the Divorce, Dissolution and Separation Act 2020, will apply equally to (a) same-sex marriages, (b) heterosexual marriages and (c) civil partnerships.
To ask the Secretary of State for Justice, if he will ensure that any proposed reforms to the Divorce, Dissolution and Separation Act 2020, will apply equally to (a) same-sex marriages, (b) heterosexual marriages and (c) civil partnerships.
The Divorce, Dissolution and Separation Act 2020 received Royal Assent on 25 June 2020 and the Government is working to implement its provisions. When implemented, the Act will deliver important reforms to minimise the potential for conflict in the legal process for obtaining a divorce, dissolving a civil partnership or obtaining a separation order.