Ministers want family values in divorce law
Your support helps us to tell the story
From reproductive rights to climate change to Big Tech, The Independent is on the ground when the story is developing. Whether it's investigating the financials of Elon Musk's pro-Trump PAC or producing our latest documentary, 'The A Word', which shines a light on the American women fighting for reproductive rights, we know how important it is to parse out the facts from the messaging.
At such a critical moment in US history, we need reporters on the ground. Your donation allows us to keep sending journalists to speak to both sides of the story.
The Independent is trusted by Americans across the entire political spectrum. And unlike many other quality news outlets, we choose not to lock Americans out of our reporting and analysis with paywalls. We believe quality journalism should be available to everyone, paid for by those who can afford it.
Your support makes all the difference.LORD MACKAY, the Lord Chancellor, is having to redraft his Green Paper on divorce after complaints from Cabinet colleagues that its proposed reforms were out of keeping with Conservative 'family values'.
The Lord Chancellor's proposals broadly reflected recommendations from the Law Commission and would have allowed couples a 'no fault' divorce for all couples after a wait of 12 months.
He was urged by a number of ministers, including John Patten, Secretary of State for Education and John Redwood, Secretary of State for Wales, to amend a draft of the paper at a Cabinet commitee meeting on 30 September, just before the Tory conference, at which Cabinet ministers pledged the party to stand by its belief in 'family values'.
Some ministers, including Mr Redwood, argued that the delay should be retained at two years and others, including Mr Patten, that fault - like adultery or unreasonable behaviour - should continue to play a part in divorce law. The Law Commission proposed that the only grounds for divorce should be irretrievable breakdown.
Supporters of the commission recommendations argue that they would not make divorce easier, especially since the Law Commision recommendation would have ended 'quickie' divorces on the grounds of fault. Instead they would be reducing the cost and the emotional stress flowing from recourse to the courts in cases where maritable breakdown is irrevocable. Lord Mackay has been especially anxious to protect children from the impact of bitterly contested divorces.
Ministerial critics supported the idea of keeping lawyers out of the process where possible. But they were strongly against reducing the current minimum wait of two years in no fault cases to one.
The Green Paper, to be published before the end of the year, will propose a mediation service which could refer couples to conciliation, or in cases where the marriage cannot be saved, would help to settle custody and property divisions without recourse to the courts. The changes will also reduce the mounting legal aid bill.
One issue to be resolved is whether the mediation services envisaged should be funded publicly or paid for by the separating couple. Although the issue may be left open in the Green Paper, it is likely that all but the poorest couples will have to contribute.
Leading article, letters, page 17
Join our commenting forum
Join thought-provoking conversations, follow other Independent readers and see their replies
Comments