1-20 of 272 results for subject:"Matrimonial proceedings"
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To ask the Secretary of State for Justice, what assessment his Department has made of the effectiveness of (a) compliance and (b) enforcement processes for financial orders made in divorce proceedings; and whether he will make an assessment of the potential merits of introducing a system of automatic (i) monitoring...
To ask the Secretary of State for Justice, what assessment his Department has made of the effectiveness of (a) compliance and (b) enforcement processes for financial orders made in divorce proceedings; and whether he will make an assessment of the potential merits of introducing a system of automatic (i) monitoring...
The Government acknowledges that there is clear evidence of challenges faced in financial remedy proceedings on divorce, in relation both to compliance with financial orders and the effectiveness of enforcement where there is a failure to comply. Enforcement in particular is a critical issue within the wider context of domestic abuse, including economic abuse, as failure to secure compliance can perpetuate harm and undermine court orders.
The Family Court has a range of powers to enforce compliance with financial orders, including attachment of earnings orders, third party debt orders, charging orders and orders for sale, warrants of control and committal for contempt of court. The Law Commission published a report in 2016 on enforcement of financial remedy orders and made recommendations for primary and secondary legislative change. These recommendations did not include automatic monitoring or enforcement systems.
The Government launched A Fairer End to Relationships consultation on 5 June, which considers issues relating to domestic abuse and financial proceedings on divorce. The consultation closes on 14 August. Whilst this consultation does not cover the issue of enforcement, the Government continues to recognise its importance and will give further careful consideration to how it might best be addressed.
To ask the Secretary of State for Justice, whether he plans to amend the Matrimonial Causes Act.
To ask the Secretary of State for Justice, whether he plans to amend the Matrimonial Causes Act.
The Government has no plans to amend the Matrimonial Causes Act at this stage.
We are in the process of exploring the issues identified by the Law Commission in its 2024 report on financial remedies, ahead of issuing a consultation by Spring this year.
To ask the Secretary of State for Justice, what steps his Department is taking to ensure that victims of domestic abuse are not required to bear additional financial or procedural burdens in order to progress divorce proceedings when the other party fails to engage.
To ask the Secretary of State for Justice, what steps his Department is taking to ensure that victims of domestic abuse are not required to bear additional financial or procedural burdens in order to progress divorce proceedings when the other party fails to engage.
It is a matter of concern that perpetrators of domestic abuse may fail to engage with divorce proceedings. The courts have powers to deal with parties who fail to engage, including to make orders confirming a perpetrator has received a divorce application when they have refused to acknowledge it. In September this year, the process of asking the court to make orders about sending applications became easier, when His Majesty’s Courts & Tribunals Service extended the online application system for litigants-in-person.
To ask the Secretary of State for Justice, what assessment he has made, as part of his Department’s responsibilities for access to justice and the protection of victims of domestic abuse, of the risk that delays caused by a non-engaging spouse in divorce and financial remedy proceedings may facilitate ongoing...
To ask the Secretary of State for Justice, what assessment he has made, as part of his Department’s responsibilities for access to justice and the protection of victims of domestic abuse, of the risk that delays caused by a non-engaging spouse in divorce and financial remedy proceedings may facilitate ongoing...
It is a top priority for this Government to tackle violence against women and girls, including economic abuse and coercive control. The Law Commission’s 2024 scoping report on financial remedies on divorce considered the issue of domestic abuse in financial remedy cases. The Government is carefully considering this report as it prepares to consult on issues identified by the Law Commission. We will issue our consultation by Spring next year.
It is a matter of concern that perpetrators of domestic abuse may fail to engage with divorce proceedings. The courts have powers to deal with parties who fail to engage, including to make orders confirming a perpetrator has received a divorce application when they have refused to acknowledge it. In September this year, the process of asking the court to make orders about sending applications became easier, when His Majesty’s Courts & Tribunals Service extended the online application system for litigants-in-person.
To ask His Majesty's Government what plans they have to give consideration to the options for reform set out by the Law Commission in its scoping report Financial remedies on divorce and dissolution (HC 460), published on 17 December.
To ask His Majesty's Government what plans they have to give consideration to the options for reform set out by the Law Commission in its scoping report Financial remedies on divorce and dissolution (HC 460), published on 17 December.
The Government is grateful to the Law Commission for its work on this important and complex area. We will carefully consider the details and will provide a response in due course.
To ask the Secretary of State for Justice, what her planned timescale is for responding to the Law Commission's scoping report on Financial remedies on divorce and dissolution, published on 18 December 2024.
To ask the Secretary of State for Justice, what her planned timescale is for responding to the Law Commission's scoping report on Financial remedies on divorce and dissolution, published on 18 December 2024.
The Government is grateful to the Law Commission for its work on this important and complex area. We will carefully consider the details and will provide a response in due course.
To ask the Secretary of State for Justice, what steps his Department is taking to minimise the impact of divorce proceedings on children.
To ask the Secretary of State for Justice, what steps his Department is taking to minimise the impact of divorce proceedings on children.
In April of this year the Government implemented the Divorce, Dissolution and Separation Act 2020. This landmark legislation reduces conflict between couples within the legal process for divorce or dissolution by removing the ‘fault’ element from the process, thereby reducing the impact of divorce on any children by assisting parents to focus on their children’s best interests.
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.
My Lords, it is a great pleasure to speak for the first time in your Lordships’ House. I thank all the wonderful staff here, especially the security guards, who have taken me under their wing and ensured that I have found everywhere from the Salisbury Room to the smoking outpost,...
My Lords, it is a great pleasure to speak for the first time in your Lordships’ House. I thank all the wonderful staff here, especially the security guards, who have taken me under their wing and ensured that I have found everywhere from the Salisbury Room to the smoking outpost,...
My Lords, I support these regulations, and I apologise to the Minister, because that is probably the most helpful thing I will say in the next two minutes. I am heartily sick of the media producing so-called experts who contradict everything Whitty and Vallance say within seconds of their briefings...
My Lords, I support these regulations, and I apologise to the Minister, because that is probably the most helpful thing I will say in the next two minutes. I am heartily sick of the media producing so-called experts who contradict everything Whitty and Vallance say within seconds of their briefings...
My Lords, the 10 pm curfew is a bit like the captain of the “Titanic” using a hairdryer to try to melt the iceberg he is hurtling towards: the impact is marginal and it will not work. Now that this measure has been set and the law has been passed,...
My Lords, the 10 pm curfew is a bit like the captain of the “Titanic” using a hairdryer to try to melt the iceberg he is hurtling towards: the impact is marginal and it will not work. Now that this measure has been set and the law has been passed,...
My Lords, I have the greatest respect for my noble friend Lord Bethell, but I ask him to rethink the Government’s approach to the pandemic. China was the first country to be impacted by Covid-19 and its response has framed the context for the rest of the world. Its approach...
My Lords, I have the greatest respect for my noble friend Lord Bethell, but I ask him to rethink the Government’s approach to the pandemic. China was the first country to be impacted by Covid-19 and its response has framed the context for the rest of the world. Its approach...
My Lords, I need to remind the noble Baroness about the time limit.
My Lords, I need to remind the noble Baroness about the time limit.
Let us trust people to work with and take care of their own health. This is the sort of nation I believe us to be.
2.54 pm
Let us trust people to work with and take care of their own health. This is the sort of nation I believe us to be.
2.54 pm
My Lords, it is a great privilege to speak after the noble Baroness, Lady Fox of Buckley, who brings to the House her experience of the European Parliament, where she represented the north-west of England. Like many of her constituents there, she is and has been a doughty defender of...
My Lords, it is a great privilege to speak after the noble Baroness, Lady Fox of Buckley, who brings to the House her experience of the European Parliament, where she represented the north-west of England. Like many of her constituents there, she is and has been a doughty defender of...
Moved by
Baroness Jolly
Moved by
Baroness Jolly
My Lords, in the current difficult and stressful circumstances, mental health is a problem and it will become worse. To try to preserve their mental health, people will break the rules about socialising, especially as these rules seem to be confusing, as stated by so many other noble Lords. A...
My Lords, in the current difficult and stressful circumstances, mental health is a problem and it will become worse. To try to preserve their mental health, people will break the rules about socialising, especially as these rules seem to be confusing, as stated by so many other noble Lords. A...
My Lords, first, I congratulate the noble Baroness, Lady Fox of Buckley, on her maiden speech.
Clearly, we are at a critical point in the spread of the pandemic. The public will accept tighter restrictions on what they can do, but they need to have confidence that the decisions being made...
My Lords, first, I congratulate the noble Baroness, Lady Fox of Buckley, on her maiden speech.
Clearly, we are at a critical point in the spread of the pandemic. The public will accept tighter restrictions on what they can do, but they need to have confidence that the decisions being made...