XN000022-1995-05-17 — Page 41

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Matrimonial Causes (A) Bill: reply to Rey the Hon Fung Chi-wood's proposed amendment

Mr Chairman,

In reply to the Hon Rev Fung Chi-wood's proposed amendments to clauses 8 and 10 to reduce the time restriction on divorce early in marriage from three years to two years, we continue to believe that the one-year period proposed by the Law Reform Commission is appropriate. First, the Bill provides for separation for one year to be sufficient evidence of marital breakdown where both parties consent to the divorce. It is arguably inconsistent to require couples whose marriages have genuinely broken down irretrievably and who have satisfied the one year separation requirement to stay married until after two years of marriage. Second, blocking divorce for two years may cause unnecessary hardship and distress to parties locked unwillingly into marriage. Some Members worry that a shorter time restriction will encourage divorce. In response to this, I would like to point out that elsewhere such a reduction in the time restriction on divorce early in marriage has not resulted in a significant change in the long term divorce rate trend.

I therefore recommend that Members not support the Hon Rev Fung Chi- wood's proposed amendments.

Thank you, Mr Chairman.

End/Wednesday, May 17, 1995