Judge Attacks State for “Downgrading” Institution of Marriage

A debate in Scotland has broken out following an attack on the lack of state support for married couples by the UK’s most eminent family law judge.

|TOP|Dame Elizabeth Butler-Sloss accused the government of “downgrading” the institution of marriage by removing financial incentives for couples in wedlock, reports The Scotsman.

She also criticised the ease with which marriages can break up, as well as plans announced recently by the Scottish Executive to introduce legislation to speed up divorces.

Dame Elizabeth, who retired earlier this year as President of the Family Division, said in a speech to the Bar Council that married people were “a section of the public whose value to society has been seriously undervalued”.

The family law judge added that marriage was now often entered into “without any real effort or intention to make it last,” adding the belief that marriage has economic and social benefits for the public.

The Labour Government has removed several benefits for married couples since coming to power in 1997, including the abolition of the Married Couples Allowance.

The Government also introduced tax credits in favour of single parents over couples and has extended the rights once exclusive to marriages to other social groups.

|QUOTE|“In the past, married couples enjoyed tax concessions which the Government has withdrawn. There is now no financial incentive to marry or remain married and a financial incentive to cohabit and not to marry.”

Dame Elizabeth added: “The financial change of direction away from the support of marriage has created a wasted opportunity to support a section of the public whose value to society has been seriously undervalued.”

The Family Law Bill is currently passing through parliament and proposes to shorten the time of separation a couple has to go through before divorce from 2 years to 18 months for “no fault” divorces and 5 years to 3 years where there is no agreement.

Scottish church leaders and politicians have come out in support of Dame Elizabeth’s comments.

|AD|Morag Mylne, convener of the Church of Scotland’s church and society council, agreed that marriage “benefits society” by helping to form stable communities.

She said: “Society is about more than just individuals. But policies – whether they are about tax or anything else – focused exclusively on the individual do not recognise that.”

Justice spokeswoman for the Conservatives, Margaret Mitchell, MSP, has also put forward an amendment to the Family Law Bill saying that the proposed separation periods were originally “too short”.

“Marriage has a special status in society and should be recognised as such,” said Ms Mitchell, adding that she supported Married Couples Allowance.

“It gave married couples who work hard an incentive. Anything that can be done in that regard, I personally favour.”

A spokeswoman for the Scottish Executive said the proposed changes were “updating the law to reflect the different ways people chose to live their lives today,” and that the intention behind shortening periods for separation was to reduce the anguish for children.