Family Law Act comes into force
4 May 06
Children, cohabitants and divorcing couples all set to benefit
A law that will make divorce easier and give more rights to cohabiting couples comes into effect today.
The Family Law (Scotland) Act 2006 shortens the separation period for divorce without consent from five years to two and with consent from two years to one. The change, which caused controversy in the Scottish Parliament and was attacked by the Catholic Church, is aimed at reducing the acrimony associated with divorce.
Other new provisions include establishing parental responsibilities and rights for unmarried fathers who jointly register the child's birth, legal rights for cohabiting couples to apply for financial provision on separation or death, and an obligation for courts to consider the effects of domestic abuse on children in access cases.
Deputy Justice Minister Hugh Henry said the new laws will make sure that the needs of children are not forgotten when relationships break down.
Solicitor and Family Law Association commitee member Elizabeth Welsh said the Act introduced the most far-reaching changes to family law in Scotland for 20 years.
Before the Act, many cohabiting people mistakenly believed themselves to have rights on the basis that the law recognised their relationship as a common law marriage. It was also commonly thought that unmarried fathers who registered the birth of a child had the same rights as married men.