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Key points
• Time needed for divorce reduced from from 5 years to 2 if contested, 2 years to 1 if uncontested.
• Family Law Bill carried by majority of over 50
• New rules for unmarried fathers and cohabiting couples too
Key quote
"This is another incremental step in dismantling marriage. It seems that the Executive is consistently and systematically attacking the family." - John Deighan, Catholic Church
MINISTERS were accused last night of "dismantling marriage" after moves to make divorce easier and quicker were passed by the Scottish Parliament.
The Roman Catholic Church warned the Executive it was "attacking the family" after Holyrood's decision to reduce the time needed for a divorce.
Proposals for "quickie divorces" were included in the Family Law Bill, which completed its passage through parliament. They will cut the time needed for an uncontested divorce from two years to one, and for a contested divorce from five years to two.
The proposals were passed after a minor Labour and Liberal Democrat rebellion. Five MSPs on the Executive benches objected to the plans, as did four Labour MSPs and a Liberal Democrat, but the divorce move was eventually carried by a majority of more than 50.
In doing so, the parliament overturned the decision made by Holyrood's justice committee to recommend longer waiting times - three years in contested cases and 18 months for uncontested cases. The bill also gives new parental rights and responsibilities to unmarried fathers who jointly register the child's birth and introduces legal safeguards for cohabiting couples.
However, John Deighan, for the Catholic Church, said: "This is another incremental step in dismantling marriage. It seems that the Executive is consistently and systematically attacking the family." He added: "It is a concern that the Executive chose to ignore the justice committee's compromise amendment.
"Furthermore, it is a concern that the Executive chose to ignore its own consultation, which discovered that 74 per cent of those who responded were against the original proposal."
The Church of Scotland has not taken a strong stance against the divorce proposals, arguing that cutting the time for divorce appeared "reasonable" and would help to protect children in acrimonious cases.
Hugh Henry, the deputy justice minister, insisted that the Executive valued and recognised the "special status" of marriage but was changing the law to protect children from protracted disputes.
He said: "If the court considers that there is a reasonable prospect of reconciliation between the parties then it will not grant the divorce, so contrary to what may be said, divorce is never easy," he added.
He also announced an extra £300,000 funding for conciliation services. Mr Henry argued that the Executive would not undermine marriage, but said the state could not force couples to remain married. He said: "A certain proportion of marriages will end in divorce, for whatever reason, and in these circumstances it is important to support families so the transition is as painless as possible, particularly where children are involved."
The controversy over divorce proposals divided MSPs on moral and social, not political lines. The amendment backing a longer timescale for divorce was put forward by Margaret Mitchell, a Conservative MSP, while Brian Adam, a Scottish National Party MSP, proposed an even longer period before divorce.
What the sweeping reforms on family law will mean
THE Family Law Bill will:
• Introduce "quickie" divorces, cutting the time from five years to two, if contested, and from two years to one if uncontested.
• Establish new parental rights and responsibilities for unmarried fathers who jointly register a child's birth. This will give them the same rights as married fathers, allowing them access to their children and a role in their upbringing.
• Establish new legal safeguards for cohabiting couples, giving unmarried Scots the right to inherit possessions and property on the death of a partner.
• Lift the ban on marriage between in-laws. Marriage to brothers-in-law or sisters-in-law is already allowed, but cross-generational marriage between in-laws - to mothers-in-law or fathers-in-law - is currently banned.
• Introduce new rights for grandparents via a charter to help them get access to their grandchildren.
• Make a marriage void if it has been forced on either party. This could be used to help some people escape from arranged marriages.
• Pilot a national helpline, to be hosted by the charities Children 1st and Parentline.
• Introduce a "Parenting Agreement" for Scotland. This is targeted at parents who are separating. It aims to help them focus on the best interests of their children and set down their agreement in key areas such as living arrangements, schooling and time spent with other family members.
• Help conciliation services. An extra £300,000 will be invested in mediation services and a public information campaign will be launched.
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