§ Mr. Forresterasked the Attorney-General if he is satisfied with the situation whereby a person who has reached retirement age still has to pay maintenance even though he and his ex-wife are both dependent on State retirement pension or supplementary benefit; and whether he recommends a change in the law.
§ The Solicitor-GeneralMy noble-Friend, the Lord Chancellor, is satisfied that an order to pay maintenance in such a case would be made by a court only in exceptional circumstances. When determining applications for a maintenance order or for the variation of a maintenance order courts are required, under the provisions of the Matrimonial Causes Act 1973, to have regard to all the circumstances of the case, including the earning capacity and financial resources, obligations and needs of the parties. My noble Friend has no current proposals for reform of the law in this respect but would be willing to consider any particular proposals which my hon. Friend may have in mind.
§ Mr. Forresterasked the Attorney-General if he is satisfied that sufficient steps are taken to verify financial statements by applicants and defendants in maintenance cases; and whether he will recommend the establishment of a divorce counselling service to adjudicate in such cases.
§ The Solicitor-GeneralEvidence in support of applications for ancillary relief is required by the matrimonial causes rules to be sworn and it is open to either of the parties to challenge the evidence given by the other. It is not considered that a counselling service would be an appropriate body to adjudicate in such matters.