News

Marsali Craig, a solicitor in both the litigation and family law units at Aberdeen based law firm, Paull & Williamsons, writes about the effects that the new Family Law (Scotland) Act 2006 will have on the laws surrounding applications for divorce.

The much awaited Family Law (Scotland) Act 2006 is now in force.  For most of us, including family lawyers, the most important changes it brings will be to reduce the periods of separation required before divorce.  This will allow a large number of people who are currently waiting to apply for a divorce under the old rules to apply for that divorce today. 

Under the old rules, people had to wait two years for a divorce on the grounds of “non-cohabitation” or separation even if they agreed to divorce.  If there was no agreement, the wait was a lengthy and potentially expensive five years of separation.  These long waiting periods forced many people to resort to seeking a divorce on grounds of “fault” such as adultery or unreasonable behaviour.  

But with the new Act coming into force, a “no fault” divorce can be applied for after just one year providing both parties agree that the marriage is over.  Alternatively, even if there is no agreement here, a divorce can be applied for after the parties have been separated for two years or more. 

This will allow more people to concentrate on resolving financial and property issues without having to resort to an unnecessarily acrimonious and expensive divorce based on adultery or unreasonable behaviour. 

For same sex couples, these changes apply equally to the time periods for separation required before the dissolution of a civil partnership. 

The input of family lawyers will still be required when negotiating the financial side of separation.  Children may also need to be considered.   However, hopefully the changes in the Law will allow us all to focus more on resolution of the important issues rather than on apportioning blame for the breakdown of a marriage or partnership.  

For more information, contact Marsali Craig or Marion McDonald  on 01224 621621 or by email at MCCraig@paull-williamsons.co.uk  and MNMcdonald@paull-williamsons.co.uk