HC Deb 02 April 1979 vol 965 cc934-5
46. Mr. Hal Miller

asked the Attorney-General whether he has any proposals to amend the law relating to maintenance of divorced persons.

The Solicitor-General

Not at present. The existing law gives the courts the discretion which is essential for achieving justice in the variety of cases which may arise. My noble Friend the Lord Chancellor is, however, always ready to consider specific suggestions for improvements of the law in this field.

Mr. Miller

Is the right hon. and learned Gentleman aware of a recent decision of the House of Lords on the extent of liability, particularly for the increase of maintenance payments, and of the widespread feeling among many of my constituents and in all parts of the country that the discretion to which he has referred is not applied equally? Is there any possibility of them having their cases reviewed? Will he bear in mind the need to issue some guidance, perhaps through a conference of the sort that he has just mentioned?

The Solicitor-General

As long as the courts have a discretion, it is difficult to prevent them from exercising it. I shall draw the attention of my noble Friend to what the hon. Gentleman has said.

Mr. Whitehead

May I bring my right hon. and learned Friend to the point, which is that the general discontent is with the inflexibility of the courts when reassessing maintenance in the case of a man who has married again? Given that this sometimes leads to bankruptcy and even suicide, is not this a matter which the Lord Chancellor should consider?

The Solicitor-General

The normal rule is that the second spouse is in no way liable to maintain the first family, but it is taken into account if the second spouse has earnings in so far as that relieves the husband of the responsibility which otherwise he would be carrying.