Abstract
The differences between the socio-cultural values of England and Scotland are exceeded by those of their respective family law systems. This is variously demonstrated by the laws relating to such areas as marriage (1st and 2nd), cohabitation, marital and non-marital children, divorce, child support and adoption. Such fragmentation, which inevitably impedes any quest for an holistic family law, is exacerbated by the conflicting policy agendas of the various government departments which ‘share’ responsibility for family matters. For example, the DSS (concerned with relieving the burden on the public purse) is responsible for the British Child Support Acts 1991 and 1995, whereas the Scottish Office is responsible for the Family Law (Scotland) Act 1985. The creation of the Scottish Parliament, which may have more time available for such reform than Westminster, could involve even more deviation.
Published Version
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