Family Attorney
Family law ‘reflects modern life’
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Family law in Scotland is changing to keep up with the way we live our lives today. In December 2005, the Scottish Parliament passed the Family Law (Scotland) Act and that act has become law. Changes cover a range of issues, such as parental responsibilities and rights, marriage, divorce, domestic abuse and introducing legal safeguards for cohabiting couples and their children. I want to be clear that these changes will not make divorce easy or undermine marriage. But they will reduce the separation periods which must be served before a divorce can be granted. “One of the most important reforms serves to strengthen the bond between fathers and their children” Divorce is never easy and when a marriage breaks down it serves no-one’s interests to postpone the point at which they can all move on with their lives. Our guiding principle has been the best interests of Scotland’s children. One of the most important reforms serves to strengthen the bond between fathers and their children. From Thursday a father whose name appears on his child’s birth certificate will automatically have parental responsibilities and rights - whether he is married to the child’s mother or not. This is not about giving adults rights over children, but rather recognising that marital status is a decision made by parents not by children. For cohabiting couples distribution of property following relationship breakdown, or the death of a partner, was previously left to the common law - with all its inherent variability. But the absence of systematic regulation sat uncomfortably alongside the increasing number of cohabiting couples - leaving a significant number of Scotland’s children living in cohabiting-couple families vulnerable. The act therefore introduces a set of limited rights for cohabiting couples when their relationship ends. But making changes to the law is not enough. We have also worked with support services to develop a range of non-legislative measures to complement our law reforms. “Our work does not stop here” For example, we have launched an information campaign to advise people of the changes that are coming into force. Information booklets are being distributed widely through Citizens Advice Bureaux, libraries and local support organisations and are available to view at www.scotland.gov.uk/familylaw. We are also providing additional funding to the national Family Support Services to promote joined up working at both local and national level. More : news.bbc.co.uk |
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