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Improving Family Law in Scotland: Analysis of Written Consultation Responses

DescriptionThis report describes the analysis of all written responses to the consultation on Family Law reform in Scotland.
ISBN0 7559 3823 2
Official Print Publication Date
Website Publication DateOctober 13, 2004

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2004

IMPROVING FAMILY LAW IN SCOTLAND: ANALYSIS OF WRITTEN CONSULTATION RESPONSES

Linda Nicholson

This document is also available in pdf format (628k)
CONTENTS

EXECUTIVE SUMMARY

CHAPTER ONE BACKGROUND TO THE CONSULTATION

CHAPTER TWO THE CONSULTATION PROCESS

CHAPTER THREE REFLECTIONS ON THE CONSULTATION PROCESS

CHAPTER FOUR VIEWS ON FIRM PROPOSALS
4.1 CONFERRING PARENTAL RESPONSIBILITIES AND RIGHTS ON UNMARRIED FATHERS WHO JOINTLY REGISTER THE BIRTH OF THEIR CHILD WITH THE MOTHER FOLLOWING COMMENCEMENT OF THE NEW LEGISLATION
4.2 REDUCING THE PERIODS OF NON-COHABITATION REQUIRED TO CONSTITUTE GROUNDS FOR DIVORCE FROM 2 YEARS TO 1 YEAR WITH CONSENT AND 5 YEARS TO 2 YEARS WITHOUT CONSENT
4.3 OTHER FIRM PROPOSALS: UPDATING THE LAW ON MATRIMONIAL INTERDICTS AND EXCLUSION ORDERS AND OTHER TECHNICAL AMENDMENTS
4.4 SUMMARY POINTS

CHAPTER FIVE LEGAL RIGHTS FOR COHABITANTS
5.1 DO YOU THINK THAT COHABITING COUPLES SHOULD HAVE LEGAL PROTECTION?
5.2 DO YOU CONSIDER THAT THE OBJECTIVE IS TO CREATE LEGAL SAFEGUARDS RATHER THAN A COMPREHENSIVE PACKAGE OF RESPONSIBILITIES AND RIGHTS LIKE MARRIAGE?
5.3 DO YOU AGREE THAT THERE SHOULD BE A PRESUMPTION OF EQUAL SHARESTO HOUSEHOLD GOODS AND MONEY/PROPERTY FROM HOUSEKEEPING ACQUIRED DURING THE PERIOD OF COHABITATION?
DO YOU AGREE THAT A FORMER COHABITEE SHOULD HAVE THE RIGHT TO APPLY TO THE COURT FOR FINANCIAL PROVISION WHERE THEY HAVE SUFFERED UNDUE FINANCIAL HARDSHIP ON THE TERMINATION OF THEIR COHABITATION ARRANGEMENT?
5.5 DO YOU AGREE THAT ON THE DEATH OF ONE PARTY TO A COHABITING PARTNERSHIP, THE SURVIVING COHABITEE SHOULD BE ABLE TO APPLY TO THE COURT FOR PROVISION OUT OF THE DECEASED'S ESTATE?
5.6 DO YOU AGREE THAT LEGAL SAFEGUARDS SHOULD BE FOR PEOPLE WHO LIVETOGETHER AS A COUPLE?
5.7 ARE THERE ANY OTHER POINTS THAT YOU WOULD LIKE TO MAKE IN RELATION TO THE LAW AND COHABITING COUPLES IN SCOTLAND?
5.8 SUMMARY POINTS

CHAPTER SIX PARENTAL RESPONSIBILITIES AND RIGHTS: STEPPARENTS
6.1 DO YOU AGREE THAT PROVISION TO CREATE SPPRRAS SHOULD BE INTRODUCED?
6.2 HOW CAN THE VIEWS OF CHILDREN BE FACTORED INTO SPPRRAS?
6.3 AS AN ALTERNATIVE, WHAT IMPROVEMENTS COULD BE INTRODUCED TO STEP- PARENTS GOING TO COURT TO SECURE PRRS TO MAKE THIS LESS DAUNTING?
6.4 SUMMARY POINTS

CHAPTER SEVEN THE LAW IN CONTEXT: RIGHT OF CONTACT
7.1 DO YOU AGREE THAT A RIGHT OF CONTACT TO A CHILD IS NOT APPROPRIATE FOR GRANDPARENTS AND OTHER WIDER FAMILY MEMBERS?
7.2 HOW CAN THE EXECUTIVE BEST PROMOTE CONTINUED CONTACT BETWEEN CHILDREN AND WIDER FAMILY WHERE VOLUNTARY AGREEMENTS PROVE ELUSIVE?
7.3 SUMMARY POINTS

CHAPTER EIGHT THE LAW IN CONTEXT: MAKING THE LAW WORK IN PRACTICE
8.1 WHAT ARE YOUR VIEWS ON THE ISSUES TO BE COVERED IN INFORMATION ON FAMILY LAW AND HOW CAN THIS BEST BE DISSEMINATED?
8.2 WE WOULD BE INTERESTED IN HEARING CONSULTEES EXPERIENCE OF USING THE LAW IN RELATION TO FAMILY MATTERS AND IDEAS FOR IMPROVEMENTS WHICH CAN BE MADE
8.3 SUMMARY POINTS

CHAPTER NINE ADDITIONAL COMMENTS
9.1 DO YOU WISH TO MAKE ANY ADDITIONAL COMMENTS ON THE PROPOSALS FOR IMPROVING FAMILY LAW IN SCOTLAND?
9.2 SUMMARY POINTS

TABLES

1 RESPONDENTS BY CATEGORY
2 VIEWS ON FIRM PROPOSALS BY BROAD CATEGORY OF RESPONDENT
3 SUMMARY OF VIEWS ON THE PROPOSAL TO GIVE COHABITING COUPLES LEGAL PROTECTION
4 SUMMARY OF VIEWS ON THE PROPOSAL TO CREATE LEGAL SAFEGUARDS RATHER THAN A COMPREHENSIVE PACKAGE OF RESPONSIBILITIES AND RIGHTS
5 SUMMARY OF VIEWS ON THE PROPOSAL THAT THERE SHOULD BE A PRESUMPTION OF EQUAL SHARES TO HOUSEHOLD GOODS AND MONEY/PROPERTY FROM HOUSEKEEPING ACQUIRED DURING THE PERIOD OF COHABITATION
6 SUMMARY OF VIEWS ON THE PROPOSAL THAT A FORMER COHABITEE SHOULD HAVE THE RIGHT TO APPLY TO THE COURT FOR FINANCIAL PROVISION WHERE THEY HAVE SUFFERED UNDUE FINANCIAL HARDSHIP ON THE TERMINATION OF THEIR COHABITATION AGREEMENT
7 SUMMARY OF VIEWS THAT ON THE DEATH OF ONE PARTY TO A COHABITING PARTNERSHIP, THE SURVIVING COHABITEE SHOULD BE ABLE TO APPLY TO THE COURT FOR PROVISION OUT OF THE DECEASED'S ESTATE
8 SUMMARY OF VIEWS ON THE PROPOSAL THAT LEGAL SAFEGUARDS SHOULD BE FOR PEOPLE WHO LIVE TOGETHER AS A COUPLE
9 SUMMARY OF VIEWS ON THE PROPOSAL TO INTRODUCE SPPRRAS
10 SUMMARY OF VIEWS ON THE PROPOSITION THAT A RIGHT OF CONTACT TO A CHILD IS NOT APPROPRIATE FOR GRANDPARENTS AND OTHER WIDER FAMILY MEMBERS

ANNEXES
1 CONSULTATION PAPER ORIGINAL DISTRIBUTION LIST
2 SUMMARY OF THE CONSULTATION POINTS
3 LIST OF ORGANISATION RESPONSES

ACKNOWLEDGEMENTS

Thanks are expressed to all of the respondents who took the time and care to respond to the consultation. Every reply has been examined thoroughly and every effort made to represent accurately the wide range of views and opinions expressed. Copies of full responses can be accessed on the Scottish Executive website or in the Scottish Executive library. Thanks also go to the Scottish Executive consultation team for liaison over the management of the consultation responses.

The views expressed in this report are those of the researcher and
do not necessarily represent those of the Department or Scottish Ministers.

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