Family law reforms unveiled

Divorce separation periods are to change

Plans to reform divorce and family law in Scotland have been presented to parliament by the Justice Minister Jim Wallace.

They include shortening the waiting time for divorce, automatic new rights and responsibilities for registered unmarried fathers and strengthened powers against domestic abuse.

But in a change, these rights will not apply retrospectively to past cases.

Details of the Parents and Children white paper were unveiled on Thursday as the Scottish Executive announced its legislative programme for the coming year.

We expect that the overall number of divorces will remain the same as at present after an initial increase immediately at the outset, followed by a compensating decrease

Jim Wallace

The nine bills brought forward included a new law to stop alleged rapists cross-examining their victims during trials, housing reforms and a tightening up of private sector care.

Mr Wallace stressed the executive continued to support marriage but had to deal in practice with the world as it was.

He said: "I am committed to a safer, fairer and more open Scotland. Marriage remains a central concept of our family law, and nothing in our proposals will change that.

"However, we must also take into account that many couples choose not to marry but to live together.

"In such circumstances, the important factor is the stability of the relationship in which they bring up children."

Mediation services

He said 18,000 children a year were born to unmarried couples but fathers in these circumstances had no rights in law, which the white paper aimed to rectify.

Step-parents will be able to acquire parental rights but this will be confined to couples who are married.

Counselling and mediation services are to receive more funding in an attempt to keep more marriages intact.

The separation periods for divorce will be reduced from two years to one where there is consent between the couple and from five years to two where there is no agreement.

Unmarried fathers will have new rights

Mr Wallace said: "This proposal has the welfare of children at its heart. It recognises that couples may be using fault grounds to speed up divorce, and that this unnecessarily increases acrimony, with detrimental effects on children.

"The intention of the change is to encourage couples with children to wait until a year's separation has elapsed rather than proceed on fault grounds."

"We expect that the overall number of divorces will remain the same as at present after an initial increase immediately at the outset, followed by a compensating decrease."

In 1998, the latest year for which full statistics are available, 54% of divorces of couples with children proceeded on the "fault" grounds.

Domestic abuse

These proposals follow recommendations by the Scottish Law Commission in 1989 that the separation periods should be shortened.

On domestic abuse, the power of arrest on matrimonial interdict is to be extended to three years where requested. At present, the power of arrest ceases when the couple's marriage ends.

The changes will extend the power to cover spouses, whether married or separated, divorcees, cohabitants and ex-cohabitants.

The legislative programme for the coming year was announced on Thursday afternoon by Donald Dewar.

The main bill will reform tenants rights, tackle anti-social neighbours and curb discounts for new tenants seeking to buy their homes

Personal questioning

A care bill will place tight curbs on bodies ranging from kindergartens to old folks' homes.

And the Evidence (Sex Offences) Bill will stop alleged rapists cross-examining their victims during trials.

The bill follows well-publicised cases where rape accused have subjected their alleged victims to lengthy personal questioning in court.

Another justice bill will introduce a new tribunal system to rule on when life prisoners might be freed. That removes the decision from ministers - in line with the European Convention on Human Rights.

Other bills include measures to levy charges on college graduates, to boost salmon conservation and to improve water quality.