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V876 - Divorce Bill 2015 (Second Reading) watch

  • View Poll Results: Should this bill be passed into law?
    As many are of the opinion, Aye
    66.67%
    On the contrary, No
    23.08%
    Abstain
    10.26%

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    V876 - Divorce Bill 2015 (Second Reading), TSR Conservative and Unionist Party
    A

    B I L L

    TO


    Correct inequalities within current UK divorce proceedings and strengthen the institution of marriage.

    BE IT ENACTED by The Queen's most Excellent Majesty, by and with the advice and consent of the Commons in this present Parliament assembled, in accordance with the provisions of the Parliament Acts 1911 and 1949, and by the authority of the same, as follows:—

    1 Limit on appeal
    (1) Both parties involved have a period of only 6 years in which to appeal against the settlement either agreed or granted through the courts.
    (2) Retrospective settlement claims are hereby prohibited.

    2 Prenuptial agreements
    (1) Prenuptial agreements agreed to by both parties before marriage are to be viewed by the courts as legally binding.
    (2) An exception to the above will only be granted if said prenuptial agreement makes no provision for children aged under 16 accrued from the spouses through progeny or adoption or leaves one party with assets to the value of £0.
    (3) Where prenuptial agreements have been made concerning the distribution of wealth upon divorce, the court should rule on the basis of that agreement, ignoring the fault provisions outlined in section 3.

    3 Fault
    (1) In cases where fault has been assigned by the court on the grounds of adultery or desertion as defined by Part 1, Section 1.2(a, c) of the Matrimonial Causes Act 1973 then financial settlements for the offending party will be reduced by a minimum of 10% to reflect the assigned fault.
    (2) In cases where both parties have committed adultery, fault does not apply.
    (3) If the divorce is the result of an abusive relationship, the court may reduce settlements for the offending party at its discretion to reflect the assigned fault and may also refer the case to the Crown Prosecution Service if necessary.

    4 Maintenance
    (1) Upon divorce and excepting legally binding agreements already made, neither party is to be granted a maintenance order relating to their own standard of living.
    (2) Maintenance orders will only be granted with regards to the upkeep of children aged under 16 accrued from the spouses through progeny or adoption.

    5 Fees
    The divorce charge will rise by a minimum of 2% per year and will be set at a level no lower than the break even point taking into account both the total and variable costs of administering the divorce.

    6 Same sex marriage
    The provisions in this Act will extend to all opposite-sex and same-sex marriages and civil partnerships as defined by the Marriage Act 1949, Civil Partnership Act 2004 and Marriage (same sex couples) Act 2013.

    7 Commencement, extent and short title
    (1) This Act may be cited as the Divorce Act 2015.
    (2) This Act extends to England and Wales.
    (3) This Act comes into force on 1 January 2016 following Royal assent.

    Notes
    Spoiler:
    Show
    Limit on appeal
    Current UK law allows parties to make financial claims long after the divorce has occurred (as highlighted in this article). This provision allows for a clearly defined period in which to retrospectively claim or appeal.

    http://www.bbc.co.uk/news/uk-england...shire-31832392

    Prenuptial agreements
    Current UK law does not hold that prenuptial agreements are legally binding reducing the potential security they can provide in the UK. The provision in this act acknowledges that individuals should be able to enter a contractual agreement before marriage spelling out the risks and rewards for both parties and therefore makes these agreements legally binding except in cases where they are clearly being abused.

    Fault
    Current UK law only takes fault into account when considering financial settlements in exceptional circumstances. This provision ensures that settlements in which one party is clearly at fault reflect this assigned fault.

    Matrimonial Causes Act 1973
    http://www.legislation.gov.uk/ukpga/1973/18

    Maintenance
    Current UK law enables one party to claim for costs relating to the maintenance of their accustomed standard of living even after the divorce has accrued (this is known as alimony in the US) through maintenance orders. This Act removes this unfair penalisation and clearly defines that the financial responsibility post-divorce extends only to the children and not to either party.

    Same Sex marriage
    The provisions in this act extend to all marriage and civil partnerships.

    Marriage Act 1949
    http://www.legislation.gov.uk/ukpga/...14/76/contents

    Civil Partnership Act 2004
    http://www.legislation.gov.uk/ukpga/2004/33

    Marriage (same sex couples) Act 2013
    http://www.legislation.gov.uk/ukpga/...ntents/enacted

    Fees
    Current divorce charges are set annually by central government (£410 for 2015).
    Changes for Second Reading
    Spoiler:
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    Limit on appeal - No amendments
    Prenuptial agreements - 2.2 amended
    Fault - 3.1 and 3.3 amended
    Maintenance - 4.2 amended
    Fees - 5.1 amended, 5.2 abolished
    Same sex marriage - Inclusion of 6.1
    Commencement, extent and short title - Changed to section 7
    Notes - Amended
    Changes for Vote
    Spoiler:
    Show

    Limit on appeal - No amendments
    Prenuptial agreements - 2.2 amended
    Fault - 3.1 and 3.2 amended
    Maintenance - 4.2 amended
    Fees - No amendments
    Same sex marriage - 6.1 amended
    Commencement, extent and short title - 7.2 amended
    Notes - No amendments
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    aye
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    I'll vote later on in the morning; I think I've hit my limit for tonight (staying awake that is, not alcohol intake) - I read it but nothing sunk in
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    Birchington - Could I have my vote changed to an aye please, voting on my phone can be difficult at times!
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    Birchington - Could my vote to nay please? Pressed the wrong button.
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    (Original post by Andy98)
    Birchington - Could my vote to nay please? Pressed the wrong button.
    I have changed your vote from Aye to No.

    (Original post by JoeL1994)
    Birchington - Could I have my vote changed to an aye please, voting on my phone can be difficult at times!
    I have changed your vote from Abstain to Aye.
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    Aye.
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    Aye.

    A good strong pass here. Thanks people.
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    Shame that so early we're already dropping below 80% turnout
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    Ayes to the right: 26
    Noes to the left: 9
    Abstain: 4

    The Ayes have it! The Ayes have it. Unlock.

    Turnout: 78%
 
 
 
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