Waiting Period before Divorce votes

The details

The ‘no-fault’ divorce provisions of the Family Law Bill for England and Wales provided for a one-year period of “reflection and consideration” before a divorce could be obtained.¹On 24^th April 1996 the House of Commons voted successively on two amendments to extend this period:

• The first amendment was to extend the period for reflection and consideration by one year, making it two years. This amendment was defeated by 146 votes to 245.²
• The second amendment was to extend the period for reflection and consideration by six months, making it 18 months.³ This amendment was carried by 202 votes to 198.⁴

In fact, the provisions in the Family Law Act 1996 for ‘no-fault’ divorce were never implemented by government. In 2001 the Lord Chancellor announced that, because the pilot schemes on ‘no-fault’ procedure were so disastrous, the Government was to repeal that part of the 1996 Act.⁵

How we recorded the vote

• Voted for a 2 year waiting period prior to divorce
• Voted for an 18 month waiting period prior to divorce
• Voted against an 18 month waiting period prior to divorce
• Voted against a 2 year waiting period prior to divorce and abstained or was absent on the vote for an 18 month waiting period prior to divorce
• Abstained or was absent on the votes for an 18 month or for a 2 year waiting period prior to divorce

1. ¹See information on the vote for ‘fault-based divorce‘
2. ²House of Commons, Hansard, 24 April 1996, cols. 536 – 539
3. ³House of Commons, Hansard, 24 April 1996, cols. 540 – 543
4. ⁴The 18-month wait became law as Section 7 of the Family Law Act 1996
5. ⁵Press Release, Lord Chancellor’s Department, 16 January 2001