In a nutshell
Two votes on whether to extend a couple’s waiting period before obtaining a ‘no-fault’ divorce. MPs had liberty to vote according to their conscience.
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.1
On 24th 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
- 1See information on the vote for ‘fault-based divorce’
- 2House of Commons, Hansard, 24 April 1996, cols. 536 - 539
- 3House of Commons, Hansard, 24 April 1996, cols. 540 - 543
- 4The 18-month wait became law as Section 7 of the Family Law Act 1996
- 5Press Release, Lord Chancellor’s Department, 16 January 2001
