Setting a Standard or Reflecting Reality? The 'Role' of Divorce Law, and the Case of the Family Law Act 1996
Bibliographic Data
| ID | 12583170 |
|---|---|
| Authors | Ezra Hasson (corresponding author) |
| Year | 2003 |
| Volume | 17 |
| Issue | 3 |
| Pages | 338-365 |
| Publication date | 2003-10-01 |
| Peer Reviewed | Yes |
| Open Access | No |
| Type | ARTICLE |
| Venue | International Journal of Law Policy and the Family (JOURNAL) |
| Journal identifiers | ISSN: 1360-9939 • E-ISSN: 1464-3707 |
| Publisher | Oxford University Press (PUBLISHER • GB) |
| DOI | 10.1093/lawfam/17.3.338 |
| OpenAlex | W2011228553 |
| Language | EN |
| Citations received | 3 |
In January of 2001 the British Government announced its intention to repeal Part II of the Family Law Act 1996. Originally scheduled for implementation in 2000, the Act provided for several fundamental changes to English divorce law, including the removal of matrimonial fault from the divorce process. This no‐fault process was, however, situated within a piece of legislation that explicitly declared its support for marriage, and which imposed a framework of mechanisms designed to encourage couples to stay together. Drawing on a series of interviews conducted with key individuals active within the Family Law Act process, this paper examines this duality between supporting and ending marriage. In particular, the various connections drawn by policy‐makers between marriage and divorce law, and the ways in which those connections feed into competing constructions of the proper role for law, are explored. Additionally, and in view of the ultimate failure of the Act, this paper also goes on to suggest that a basic reorientation of policy is necessary if workable divorce law reform is to be achieved in the future
Common law · Family law · Government (linguistics · Law reform · Legislation · Political science · Repeal · Situated · Sociology · Computer Science · Conflict of Laws and Jurisdiction · Law · Multicultural Socio-Legal Studies
| Unique citing works | 3 |
|---|---|
| Citations per year | 0.14 |
| Citation span | 2005 - 2010 (6) |
| Citation velocity | historical |
| Highly cited | No |
| Citation types | Neutral: 3 |