Ministers pass Family Law Bill

New laws will mean uncontested divorces in one year instead of two

News, 16 December 2005

The Scottish Parliament has passed the Family Law (Scotland) Bill which will cut the time needed for uncontested divorces from two years to one.

The Bill was passed by 104 votes to 12 with six abstentions, overturning the decision made by Holyrood's justice committee last month to recommend longer waiting times for divorce - three in contested cases and 18 months if the split wasn't contested.

In addition to the new divorce laws, the Bill also establishes new parental rights and responsibilities for unmarried fathers who jointly register the birth of a child, giving them the same rights as married fathers. Cohabiting couples will also have new legal safeguards and the right to inherit possessions and property when a partner dies.

Other measures will mean that marriages are void if forced on either partner and that the ban on marriage between in-laws is lifted. The Scottish Executive will also increase funding to conciliation services by £300,000.

Deputy Justice Minister Hugh Henry said that the state could not force couples to stay married and that it was important to support families so that the transition was as painless as possible.

The Roman Catholic Church accused the Executive of "sytematically attacking the family". John Deighan for the church said the Bill was another step forward in dismantling marriage. However, the Church of Scotland said that cutting time for divorce was reasonable and that it would help protect children in acrimonious cases.