acthub.beta
EnactedRoyal Assentc. 11

Divorce, Dissolution and Separation Act 2020

This bill became lawView the statute on acthub →c. 11 · 25 Jun 2020

Bill texts 4

  • HL Bill 2 (as introduced)Bill · 07 Jan 2020download soon
  • HL Bill 108 (as amended on Report)Bill · 17 Mar 2020download soon
  • Bill 125 2019-21, as bought from the Lords, large print accessible versionBill · 25 Mar 2020download soon
  • Bill 125 2019-21, as bought from the LordsBill · 25 Mar 2020download soon

Amendments 40

Committee stage — Lords 20

WithdrawnClause 1EditBillBody

at end insert— send, to the applicant and to the other party to the marriage, information about—

Moved: Lord Harries of PentregarthSponsor: Lord Mackay of Clashfern, Baroness Chakrabarti#52253
NotMovedClause 4EditBillBody

at end insert— For the purposes of subsection (2), “the start of the proceedings” means—

Moved: Lord FarmerSponsor: Lord Mackay of Clashfern, Baroness Wyld#52353
WithdrawnClause 1EditBillBody

at end insert— For the purposes of subsection (5), “the start of the proceedings” means—

Moved: Lord FarmerSponsor: Lord Mackay of Clashfern, Baroness Wyld, Lord Curry of Kirkharle#52354
NotMovedClause 4EditBillBody

leave out lines 10 to 13

Moved: Baroness Chakrabarti#52489
WithdrawnClause 1EditBillBody

leave out lines 10 to 12

Moved: Baroness Chakrabarti#52490
WithdrawnClause 1EditBillBody

leave out “20” and insert “46”

Moved: Lord Mackay of ClashfernSponsor: Lord Farmer, Baroness Meyer#52491
WithdrawnClause 1EditBillBody

at end insert— In the case of an application that is to proceed as an application by one party to the marriage only, there shall be no commencement of financial provision proceedings until the end of the period of 20 weeks from the start of the proceedings for the divorce order unless—

Moved: Lord Farmer#52493
WithdrawnClause 5AddClauseOrSchedule

Insert the following new Clause— “Report on the impact on divorce applications and marriage support

Moved: Lord FarmerSponsor: Lord Mackay of Clashfern, Baroness Meyer#52495
NotMovedClause 4EditBillBody

after “(3)” insert “or (5A)”

Moved: Lord Marks of Henley-on-ThamesSponsor: Baroness Burt of Solihull#52546
NotMovedClause 4EditBillBody

at end insert— For the purposes of an application for a dissolution order by one civil partner only, the Lord Chancellor may by order made by statutory instrument make provision for a minimum period, not exceeding six weeks beginning with the start of proceedings, within which the applicant must have—

Moved: Lord Marks of Henley-on-ThamesSponsor: Baroness Burt of Solihull#52547
NotMovedClause 2EditBillBody

at end insert— A statutory instrument containing an order under subsection (1AA) is subject to annulment in pursuance of a resolution of either House of Parliament.”

Moved: Lord Marks of Henley-on-ThamesSponsor: Baroness Burt of Solihull#52548
NotMovedClause 2EditBillBody

at end insert “provided that, if the application is by one party to the marriage only, the court is satisfied that— the other party to the marriage has been served with the notice of the application for a judicial separation order,

Moved: Lord Marks of Henley-on-ThamesSponsor: Baroness Burt of Solihull#52549
NotMovedClause 2EditBillBody

at end insert— For the purposes of an application for a judicial separation order by one party to a marriage only, the Lord Chancellor may by order made by statutory instrument make provision for a minimum period, not exceeding six weeks beginning with the start of proceedings, within which the applicant must have—

Moved: Lord Marks of Henley-on-ThamesSponsor: Baroness Burt of Solihull#52550
NotMovedClause 1EditBillBody

after “(6)” insert “or (8A)”

Moved: Lord Marks of Henley-on-ThamesSponsor: Baroness Burt of Solihull#52551
NotMovedClause 1EditBillBody

at end insert— For the purposes of an application for a divorce order by one party to a marriage only, the Lord Chancellor may by order by statutory instrument make provision for a minimum period, not exceeding six weeks beginning with the start of proceedings, within which the applicant must have—

Moved: Lord Marks of Henley-on-ThamesSponsor: Baroness Burt of Solihull#52552
WithdrawnClause 1EditBillBody

leave out from “court” to end of line 15 and insert “to initiate the process for an order (a “divorce order”) which will dissolve the marriage on the ground that the marriage has broken down irretrievably. The divorce process under subsection (1) consists of three stages and must be accompanied by—

Moved: Lord McColl of Dulwich#52553
WithdrawnClause 1AddClauseOrSchedule

Insert the following new Clause— “Recording lack of consent

Moved: Baroness Howe of Idlicote#52554
WithdrawnClause 1EditBillBody

at end insert “first consider whether a divorce order is in the interests of any child of the family and, if the court is satisfied that it is, then”

Moved: Baroness Howe of IdlicoteSponsor: Baroness Meyer#52555
NotMovedClause 3EditBillBody

at end insert “consider whether a dissolution order is in the interests of any child of the family and, if the court is satisfied that it is, then”

Moved: Baroness Howe of Idlicote#52556
NotMovedClause 4EditBillBody

at end insert— In the case of an application that is to proceed as an application by one civil partner only, there shall be no commencement of financial provision proceedings until the end of the period of 20 weeks from the start of the proceedings for the dissolution order unless—

Moved: Lord Farmer#52563

Report stage — Lords 20

WithdrawnClause 6AddClauseOrSchedule

Insert the following new Clause— “Impact on marriage

Moved: Lord Harries of Pentregarth#52576
NotMovedClause 6AddClauseOrSchedule

Insert the following new Clause— “Relationship support, mediation and domestic abuse services

Moved: Lord Harries of Pentregarth#52577
AgreedClause 4EditBillBody

leave out from “order” to “House” in line 22 and insert “may not be made unless a draft of the instrument has been laid before and approved by a resolution of each”

Moved: Lord Keen of Elie#52594
AgreedClause 1EditBillBody

leave out from “subsection (6)” to “House” in line 21 and insert “may not be made unless a draft of the instrument has been laid before and approved by a resolution of each”

Moved: Lord Keen of Elie#52595
NotMovedClause 6AddClauseOrSchedule

Insert the following new Clause— “Report on impact of this Act

Moved: Lord FarmerSponsor: Baroness Meyer#52596
WithdrawnClause 6AddClauseOrSchedule

Insert the following new Clause— “Report on the effect on children of divorce or dissolution in families with low conflict

Moved: Baroness Howe of Idlicote#52597
WithdrawnClause 1EditBillBody

at end insert— For the purposes of subsection (5), “the start of proceedings” means—

Moved: Lord Curry of KirkharleSponsor: Baroness Meyer#52598
NotMovedClause 6AddClauseOrSchedule

Insert the following new Clause— “Report on reconciliation under differing approaches to divorce law

Moved: Lord McColl of Dulwich#52599
WithdrawnClause 1EditBillBody

leave out lines 6 to 15 and insert— Subject to subsections (1) and (2), either or both parties to a marriage may apply to the court to initiate the process for an order (a “divorce order”).

Moved: Lord McColl of Dulwich#52600
NotMovedClause 5EditBillBody

leave out subsections (3) to (5) and insert— In subsection (3) for the words “44(5)(a), (b), (c) or (d)” substitute “44(5)(a) or (b)”.”

Moved: Lord Farmer#52601
NotMovedClause 5EditBillBody

leave out subsection (2) and insert— For subsection (1) substitute—

Moved: Lord Farmer#52602
NotMovedClause 3EditBillBody

leave out from “(including” to end of line 28

Moved: Lord Farmer#52603
NotMovedClause 3EditBillBody

leave out subsection (6) and insert— For subsection (5) substitute—

Moved: Lord Farmer#52604
NotMovedClause 2EditBillBody

leave out subsection (3)

Moved: Lord Farmer#52605
WithdrawnClause 1EditBillBody

leave out lines 9 to 15 and insert— On an application for a divorce order the court must inquire, so far as it reasonably can, into—

Moved: Lord Farmer#52606
NotMovedClause 3EditBillBody

leave out subsection (3) and insert— For subsection (3) substitute—

Moved: Lord Farmer#52607
WithdrawnClause 1AddClauseOrSchedule

Insert the following new Clause— “Information to be provided

Moved: Baroness Howe of IdlicoteSponsor: Baroness Meyer#52608
WithdrawnClause 2EditBillBody

leave out “subsection (1)” and insert “subsection (1A)(b)”

Moved: Lord Farmer#52609
NotMovedClause 2EditBillBody

leave out subsection (3) and insert— For subsection (2) substitute—

Moved: Lord Farmer#52610
NotMovedClause 4EditBillBody

at end insert— For the purposes of subsection (2), “the start of proceedings” means—

Moved: Lord Curry of KirkharleSponsor: Baroness Meyer#52611