Family Law Bill passes first stage
15 Sep 05
Reforms include speeding up of divorce and more rights for unmarried couples
The Scottish Parliament yesterday approved the principles of the Family Law (Scotland) Bill.
Passing the bill at its first stage by 86 votes to 4, with 23 abstentions, members held a wide ranging debate on the Bill, which sees the culmination of a series of discussion papers and recommendations, some going back more than a decade.
The bill reduces the separation period for an uncontested divorce from two years to one, and from five years to two if one party does not agree to the divorce. It also brings in greater legal rights for cohabiting couples, and parental rights and responsibilities for unmarried fathers who jointly register a child's birth.
Deputy Justice Minister Hugh Henry said that the Scottish Executive was not afraid of tackling difficult issues. He added that he recognised there were many conflicting issues when it came to family law and that no reform could please everyone.
Some members expressed doubts as to whether the bill would support or undermine the place of marriage in society - concerns which have also been expressed by the Catholic Church and others.
However Mr Henry said the Executive also needed to take into account the increasing number of marital breakups. And referring to the proportion of children now born to unmarried parents - around 25,000 a year compared with 29,000 born to married couples, he added: "We need to ensure that family law protects all of these children. We cannot and will not ignore their rights and needs."
Questions were also raised over whether the Justice 1 Committee would have sufficient time to scrutinise the bill in detail. Justice Minister Cathy Jamieson promised that Mr Henry would "engage fully with the committee" to attempt to resolve these issues.