Section 10 — Divorce: reduction in separation periods

Part of Family Law (Scotland) Bill: Stage 3 – in the Scottish Parliament at 9:30 am on 15 December 2005.

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Photo of Hugh Henry Hugh Henry Labour 9:30, 15 December 2005

Section 10 has, understandably, attracted more attention and debate than any other part of the Family Law (Scotland) Bill. We recognise that divorce is always a sensitive issue and that for many people it touches on their core beliefs about the sanctity of marriage and its importance as one of the principal building blocks of society. There are others who disagree, but people have strong views on the matter.

Ministers have stated many times—I am happy to do so again—that the Executive values and supports marriage. We recognise its special status and the value that it contributes to so many families in Scotland. The Executive has not, does not and will not undermine marriage, and we certainly do not do so with the proposals that we are considering today.

However, it is equally right to say that the state cannot force people to remain married. A proportion of marriages will end in divorce for whatever reasons; in those circumstances it is important, as Richard Lochhead said, to support families so that the transition is as painless as possible, particularly where children are involved. Where the conflict is protracted and bitter, children will suffer.

I want to emphasise that relationship services are an important part of the Executive's overall effort to support stable families and to give children the best possible start in life. I believe that the best way is early intervention, through counselling to help couples to save their marriages or other committed relationships, where those marriages or relationships can be saved. I accept, however, that where separation is inevitable, mediation can help to ensure that parents work together sensibly to look after the best interests of their children. Parents should not use their children as pawns in their personal war.

I acknowledge that current services can be made to work more effectively for users. Our view is that counselling and mediation services are complementary and should be linked at national and local levels. We need integrated and cohesive services.