HL Deb 06 June 1957 vol 204 cc244-6

3.39 p.m.

Order of the Day for the House to be put into Committee read.

Moved, That the House do now resolve itself into Committee.—(Lord Merthyr.)

On Question, Motion agreed to.

House in Committee accordingly.

[The EARL OF DROGHEDA in the Chair.]

Clause 1 [Validity and alteration by court of maintenance agreements]:

LORD MERTHYR had given notice of several Amendments to Clause 1. the first being, in subsection (1) (a), to leave out from "arrangements" to "after" in line 11 and to insert, "whether made during the continuance or". The noble Lord said: My Lords, with your Lordships' permission, I should like to speak on all these four Amendments together. I think I am in a position to assure your Lordships that these are drafting Amendments and that if they are passed they will not have any substantial effect on the Bill and will not alter the effect which the Bill will have if it becomes law. The real purpose of these Amendments is to make the Bill a little more intelligible and clear than perhaps it is now.

In supporting this Amendment very briefly, may I just remind the House that on Second Reading I said that the object of Clause 1 of this Bill is twofold. First, it seeks to validate agreements which, owing to the decision in the case of Bennett v. Bennett have been rendered invalid, or would be rendered invalid by that decision. That purpose is achieved by subsection (2) of the Bill. The other main object of the Bill is to empower a court to vary such agreements, subject to a time limit which it is thought right to impose and which is done by the Bill and by these Amendments. I am sure that it would be an improvement if the courts had this power, which they have now not got, to vary these agreements, but no doubt your Lordships will agree that there must be sonic time limit; so one of six months is suggested—that is, six months after the end of the marriage.

Clause 1 of the Bill achieves these objects at present in, I think, a somewhat complicated and roundabout way, and if these Amendments are passed the Bill will, as I have said, be improved and be simpler. These Amendments will apply Clause 1 to maintenance agreements whenever made, and later, by the last of the four Amendments, there will be a specific exemption from the operation of subsection (3) in relation to agreements made more than six months after the end of the marriage. That, as shortly as I can make it, is the effect of these Amendments, which I now beg to move.

Amendment moved— Page 1, line 9, leave out from ("arrangements") to ("after") in line 11 and insert ("whether made during the continuance or")—(Lord Merthyr.)

On Question, Amendment agreed to.

Amendment moved— Page 1, line 13, leave out lines 13 to 17.—(Lord Merthyr.)

On Question, Amendment agreed to.

Amendment moved— Page 2, line 26, leave out from ("applies") to ("is") in line 27.—(Lord Merthyr.)

On Question, Amendment agreed to.

Amendment moved— Page 3, line 7, at end insert— (" Provided that this subsection shall not apply to an agreement made more than six months after the dissolution or annulment of the marriage.")—(Lord Merthyr.)

On Question, Amendment agreed to.

Clause 1, as amended, agreed to.

Remaining clauses agreed to.

Then, Standing Order No. 41 having been dispensed with (pursuant to Resolution), the Amendments reported: Bill read 3a, with the Amendments, and passed and returned to the Commons.