Nick Lester, Chief Lords Reporter

08 March, 2023 21:28

Divorce law governing the splitting of money between separated couples is “hopelessly out of date”, a top lawyer in the field has warned.

Tory peer Baroness Shackleton of Belgravia, who has represented royalty and celebrities including Sir Paul McCartney, told Parliament she and her legal colleagues “make a fortune in arguing”, because the guidelines are 50 years old and in need of reform.

Her comments came as the Government was accused of having “misled” people over a previously promised review of the law governing financial provision on divorce.

Ministers argued they had had their “hands somewhat full in recent times”.

Lady Shackleton, who has been nicknamed the “Steel Magnolia” for her skills and charm, said: “The law is hopelessly out of date. It relies entirely on finance and the discretion of judges.

“The judges have a fiefdom now in that, since October 3 2017 you cannot go to the Court of Appeal if leave is refused, so their discretion is absolute.”

She added: “There is no use in having a divorce if the money is not sorted out. The house has to be sold and the children are caught in the conflict.

“Divorce practitioners like me make a fortune in arguing, because the guidelines are 50 years out of date.

“I know that this is not a vote winner and does not appeal to the masses, but many people in this country are touched by this and I would like an assurance that it will be included in the King’s Speech as vital business on the agenda, because responsible governments do service to this.”

Responding, justice minister Lord Bellamy said: “These matters will be considered fully in a forthcoming review, hopefully by the Law Commission.

“Subject to final agreement, I hope to make a further announcement very soon indeed.”

Raising the issue at Westminster, independent crossbencher Baroness Deech, a former chairwoman of the Bar Standards Board, said: “I fear that Lady Shackleton, and I were misled when, three years ago, we were guaranteed a review of the financial elements of divorce.”

She added: “The law that relates to splitting money on divorce is so antagonistic and unreformed that it undermines the alleged good points of the no-fault divorce law.

“We are lagging 50 years behind nearly every other country in the western world, including Australia.

“The amount of discretion in our law makes it very hard for unrepresented parties. Money that should go to the children is being spent on legal costs.

“Even judges have called this law ‘apocalyptic’ – accessible only to the rich. When will the Government reform this very bad law?”

Lord Bellamy said: “Respectfully, I do not accept the characterisation that the Government have misled everybody. We have had our hands somewhat full in recent times.

“The Matrimonial Causes Act 1973 reaches its 50th anniversary this year and a review of financial provision is indeed opportune.

“The Government are in close consultation with the Law Commission, which we consider the most appropriate body to carry out that review.”