Back to the Scottish Parliament Business Bulletin No.147/2005: Monday 24 October 2005
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Section G – Bills

New amendments to Bills lodged on 21 October 2005

Family Law (Scotland) Bill – Stage 2

Before section 10

Margaret Mitchell

14 Before section 10, insert—

<Divorce: encouragement of reconciliation

For subsection (1) of section 2 of the 1976 Act (encouragement of reconciliation) there shall be substituted—

"(1) Before granting decree in an action for divorce, the court shall consider whether there is a reasonable prospect of a reconciliation between the parties, and, in particular, may not grant decree unless satisfied—

(a) that the pursuer has, within three months of bringing the action, taken reasonable steps to arrange a meeting with the defender in order to discuss possible reconciliation; or

(b) that, under the circumstances, it would not have been possible for the pursuer to take such reasonable steps.

(1A) In pursuance of subsection (1) above, the court may continue, or further continue, the action for such period as it thinks proper to enable attempts to be made to effect a reconciliation; and if during any such continuation the parties cohabit with one another, no account shall be taken of such cohabitation for the purposes of that action.

(1B) In continuing the action, the court shall require the parties to seek assistance from marriage counselling or other marriage support services.">

Section 10

Margaret Mitchell

15 In section 10, page 5, line 16, leave out <"one year"> and insert <"18 months">

Margaret Mitchell

16 In section 10, page 5, line 17, leave out <"two"> and insert <"three">