§ Lord Simon of Glaisdaleasked Her Majesty's Government:
In how many cases since 1970 have the courts found, notwithstanding proof of facts referred to in Section 2(1) of the Divorce Reform Act 1969 and Section 2(1) of the Matrimonial Causes Act 1973, that the marriage had nevertheless not irretrievably broken down pursuant to Section 2(3) of the Divorce Reform Act 1969 or Section 1(4) of the Matrimonial Causes Act 1973.
§ The Lord Chancellor:No statistics have been collected of the reason for dismissal or refusal of divorce petitions. The information could, therefore, only be obtained by making a search of individual court files which can only be done at disproportionate cost.
§ Lord Simon of Glaisdaleasked Her Majesty's Government:
- (a) In how many cases since 1970 has a petitioner alleged, under Section 2(1)(a) of the Divorce Reform Act 1969, or under Section 1(2)(a) of the Matrimonial Causes Act 1973, that he or she found it intolerable to live with the respondent; and
- (b)In how many of those cases did the court, in pursuance of its duty under Section 2(2) of the 1969 Act or Section 1(3) of the 1973 Act to inquire into the facts alleged by a petitioner, find that the petitioner had failed to prove that he or
WA 44 she found it intolerable to live with the respondent.
§ The Lord ChancellorDuring the period 1975–1989, 727,977 petitions for divorce were issued for which the petitioner alleged, amongst other points, that it was intolerable to live with the respondent. Of these approximately 85 per cent. (or 617,718) resulted in the granting of a decree nisi. Consequently, in approximately 110,259 cases the facts alleged were not proven or the case did not proceed to the decree nisi stage. From the statistics it is not possible to identify the number actually dismissed nor the reason for dismissal. To obtain this information would involve disproportionate cost.
§ Lord Simon of Glaisdaleasked Her Majesty's Government:
In how many cases since 1970 has the court, pursuant to Section 4 of the Divorce Reform Act 1969 or Section 5 of the Matrimonial Causes Act 1973, dismissed a petition based solely on five years' separation on the ground that it would cause grave hardship to the respondent.
§ The Lord ChancellorDuring the period 1975–1989, 179,519 petitions for divorce were issued based on five years' separation. Of these approximately 93 per cent. (or 166,850) resulted in the granting of a decree nisi. In approximately 12,669 cases the application was dismissed or did not proceed to the decree nisi stage. From the statistics collected it is not possible to identify the number actually dismissed nor the reason for dismissal. To obtain this information would involve disproportionate cost.