It has been said that the family law in Scotland needs a reform. But when the no-fault divorce bill was introduced, it raised a lot of concerns resulting in a debate. From the bill’s first reading up to the second, comments are just flying everywhere.
What the proposed bill is all about
- In addition to the “five” facts that prove irretrievable breakdown has taken place, an individual has an additional option of divorce, which is a written consent from both parties. With a “consent divorce”, both parties would not need to prove anything else. The two years separation and consent would no longer stand as well, as it becomes superfluous.
- Both parties will be given an opportunity to reconsider divorce proceedings through a 12-month “period for reflection and consideration”.
Because the bill makes the divorce easy, there is fear of a significant increase in the number of divorces. But this may not be always the case.
After all, the dissolution of a marriage is not something to be taken lightly, what with its life-changing effects on both parties and, most importantly, for any dependent children. This is why proponents of the bill believe that it will not lead to an increase in divorce.
Opponents also say that the bill is unfair to the innocent party, because the party at fault would easily get away with it. Breakdown of a marriage, however, is rarely the fault of one-party. There is almost always something to blame on both parties. Even if divorce was solely the fault of one person, there is no point in attributing blame. Both parties lost their marriage, and, most of the time, nothing, including the law, can give them back what they lost.
The effect on any dependent children is just as devastating, whether or not the Family Law Act 1996 is amended.
