Family lawyers hit at lack of publicity for law
15 May 07
Many people still ignorant of rights under 2006 Act, says Association
The Family Law Association has charged the Scottish Executive with failing to keep its promise to publicise the new rights conferred by the Family Law (Scotland) Act 2006.
The Association has particularly focused on the new rights of unmarried but cohabiting partners to claim financial support following separation, or provision from the estate of a deceased partner who has not left a will. Claims have to be brought within 12 months of separation or six months of the death. The law came into force on 4 May 2006.
Association chair Helen Hughes, a Paisley solicitor, said that many clients only found out about their rights at the last minute, resulting in a rush to court to beat the deadline.
"Despite reassurances at the time by the Scottish Executive, the new law has not been well publicised", she said. "When a new law is introduced which potentially affects the lives of many, the Executive has a responsibility to educate the public on the changes introduced."
Among other changes the 2006 Act also reduced the time after which separated spouses can seek a divorce independent of a fault-based ground, and conferred parental rights and responsibilities on unmarried fathers who jointly register a birth.
The Executive maintains that a range of materials has been prepared to spread information about the Act.