HL Deb 10 July 1984 vol 454 cc826-7

14 After Clause 39, insert the following new Clause—

("Distribution of business: proceedings under s. 17 of Married Women's Property Act 1882

In section 17 of the Married Women's Property Act 1882 (which provides for the summary determination of property disputes between spouses and, as extended, former spouses and former engaged couples) for the words after "in a summary way" there shall be substituted the words "to the High Court or such county court as may be prescribed and the court may, on such an application (which may be heard in private), make such order with respect to the property as it thinks fit.

In this section "prescribed" means prescribed by rules of court and rules made for the purposes of this section may confer jurisdiction on county courts whatever the situation or value of the property in dispute.").

16 Schedule 1, page 36, line 21, at end insert—

("Matrimonial Causes (Property and Maintenance) Act 1958 (c. 35)

2A. In section 7 of the Matrimonial Causes (Property and Maintenance) Act 1958, for subsection (6), there shall be substituted the following subsection— (6) Any power of a judge which is exercisable on an application under the said section seventeen shall be exercisable in relation to an application made under that section as extended by this section." ").

The Lord Chancellor

My Lords, I beg to move that this House doth agree with the Commons in their Amendments Nos. 14 and 16. These amendments are intended to enable proceedings under Section 17 of the Married Women's Property Act 1882 to be made in the relevant divorce county court, if matrimonial proceedings are already in progress there. Amendment No. 16 is consequential for the new clause with which Amendment No. 14 deals. Therefore, I beg to move that this House doth agree with the Commons in their Amendments Nos. 14 and 16.

Moved. That this House doth agree with the Commons in the said amendments.—(The Lord Chancellor.)

Lord Mishcon

My Lords, there are not many uninitiated Members of your Lordships' House in regard to any matters, but just in case somebody happens to have crept in who is uninitiated in these matters, it is perhaps pertinent to say that Section 17, to which the noble and learned Lord referred, is a very convenient and fairly civilised way in which the effects of the husband and wife can be dealt with when there is a dispute in regard to them. There has been a great deal of inconvenience in such cases in the county courts where, by some mischance, you have the Section 17 proceedings in one court and the rest of the family proceedings in another court. This tidies up the situation and is therefore to be welcomed.

The Lord Chancellor

My Lords, I am very grateful to the noble Lord. Section 17 always excites a rather tender memory in my professional life. Very early on in it, I was asked to advise one of the most distinguished writers in the country and neither the solicitor nor he had ever heard of Section 17, but I remembered it from my Bar exams, so I made a friend for life.

On Question, Motion agreed to.