MSPs last night backed a significant overhaul of divorce law in Scotland when they gave the legislative go-ahead to Executive plans to shorten separation times for couples before a final parting of the ways.

The changes will mean that, where the split is not contested, the separation period will shorten from two years to one and from five years to two where one partner contests the case. Although there was some disquiet among Labour MSPs, in the event only a handful of them rebelled, claiming that the Executive’s proposals could result in more divorces or devalue the institution of marriage. With support from the majority of Labour MSPs, their Liberal Democrat coalition partners, the Greens and Scottish Socialists, the Executive measure was not in danger and eventually passed by 91 votes to 34.

MSPs from both the Conservative and Scottish National Party were allowed a free vote on the issue and the effect of the vote was to overrule an amendment from a Holyrood committee to allow 18 months before an uncontested divorce and three years before a contested one.

During yesterday’s Holyrood debate, Hugh Henry, the Deputy Justice Minister, insisted that ministers valued and recognised the special status of marriage. In a bid to win over any wavering MSPs on the Labour side, he also announced an extra £300,000 funding for conciliation services in Scotland to allow couples the opportunity to heal their differences.

He argued that the Executive would not undermine marriage but said the State could not force couples to remain married. “A certain proportion of marriages will end in divorce, for whatever reason, and in these circumstances it is important to support families so the transition is as painless as possible, particularly where children are involved,” he said.

Steps had to be taken, said Mr Henry, to protect children from protracted disputes, pointing out that a court must also be persuaded that the marriage had irretrievably broken down. The new shorter timescales were originally recommended by the Scottish Law Commission and the provisions will also apply to civil partnerships.

The Bill also gives new parental rights and responsibilities and rights to unmarried fathers who jointly register the child’s birth and introduces new legal safeguards for couples who live together but are not married. They will be entitled to some financial settlement should the relationship end.

The legislation also responds to concerns about domestic abuse by extending the scope of matrimonial interdicts to include places of work and schools. It also introduces “domestic interdicts” for cohabiting couples.

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