HISTORY

The Family Law Act 1996 started life as Law Commission Report No 192 in 1988. However for some years before pressure had been growing within the upper intellectual and professional classes and the legal and judicial establishment to allow those who wanted a consensual divorce to obtain it and also to allow divorce without having to allege a matrimonial offence. This group had influenced the passage of The Matrimonial Causes Act 1973.  

However since the Matrimonial Causes Act 1973 retained a fault base the group referred to were still active and intent on achieving their aim. The Law Commission of the early 80s was composed of a similar group of thinkers and led by Brenda Hoggett now Lady Justice Hale they worked towards the aim of bringing forward a non fault based divorce system.

Report No 192 was eventually published and from it the Family Homes and Domestic Violence Bill was drafted and entered Parliament in late 1995.  Immediately the media took a position of non support for the Bill and many articles appeared in the quality press pointing out the danger to legal marriage posed by the Bill. At the same time a coalition of pro family groups came together through the efforts of the late Dr Roger Witcomb and organised themselves to fight this dangerous legislation.  The Bill was torpedoed following a scathing article by John Torode in the Daily Mail towards the closing weeks of 1995. The article dovetailed with the view of MPs who whilst they had been to some extent persuaded regarding no fault divorce did not entirely support it either.

The campaigning coalition had linked with Parliamentary lobbyists and the proposals and amendments the group put forward had helped derail the draft legislation. So the Bill was withdrawn and given to the then Lord Chancellor Mackay to be re-scrutinised. It has to be said that during the mid term of the failing Major administration one has to wonder why they clung on to this Bill which was going to require support from the opposition in any event who did not have as much enthusiasm as did Major's weak Government. The coalition took a welcome break over Christmas and the New Year.

Surprisingly early 1996 saw the rejected legislation re-presented to Parliament as The Family Law Bill by Lord Chancellor Mackay. The coalition sprung back into action and meetings resumed at The Reform Club in London. Amendments were agreed at subsequent meetings and delivered to the lobbyists who circulated  them amongst   fault based divorce supporting MPs. Gradually the legislation was rendered more and more unworkable by ensuring amendments that gave greater support to husbands and fathers particularly in respect of financial issues affecting child maintenance where conduct (or fault) was included. However the main thrust of divorce on demand was retained. Finally the Bill completed its passage and was accepted. It received Royal Assent in June 1996 as The Family Law Act 1996 --  the nation awaited the outcome.

It was late 1997 before the first tranche of the Act was enabled this being Part !V a section dealing with what was known as Passive Domestic Violence By now Labour had taken power following the General Election in May 1997. They with Lord Chancellor Irvine at the helm did not seem in any rush to fully implement the Act. The campaigning by the coalition however did not cease. Finally out of the blue in January 2001 it was announced that Lord Chancellor Irvine had binned the major part of the Act -- that to do with enabling Divorce on Demand. The coalition's work had ultimately paid off the nation had been saved from this offensive and destructive legislation -- we had played our part in bringing this about.