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The enactment of the Divorce Reform Act 1969 was a landmark moment in family law. Coming into force in 1971, it had a significant impact on legal practice and was followed by a dramatic increase in divorce rates, reflecting changes in social attitudes. This new interdisciplinary collection explores the background to the 1969 Act and its influence on law and society. Bringing together scholars from law, sociology, history, demography, and film and literature, it reflects on the changes to divorce law and practice over the past 50 years, and the changing impact of divorce on different people in society, particularly women. As such, it offers a 'biography' of this important piece of legislation, moving from its conception and birth, through its reception and development, to its imminent demise. Looking to the future, and to the new law introduced by the Divorce, Dissolution and Separation Act 2020, this collection suggests ways for evaluating what makes a 'good' divorce law. This brilliant collection gives insight not only into this crucial piece of legislation, but also into a key period of societal change.
An unrivalled collection, placing key judgments and expert commentary at your fingertips. Family Law: Text, Cases, and Materials presents everything the undergraduate student needs in one volume. The authors offer a detailed and authoritative exposition of family law, illustrated by materials carefully selected from a wide range of sources. Key features - Combines a wide range of cases and materials with insightful explanation, commentary and analysis, creating a complete resource for students of family law - Features authoritative author commentary which engages with a range of theoretical and critical perspectives - Accompanying online resources provide regular updates on recent developments in family law, further reading suggestions, questions, and additional legal coverage - Also available as an e-book with functionality, navigation features, and links that offer extra learning support New to this edition - Developments including the Domestic Abuse Act 2021, Divorce, Dissolution and Separation Act 2020, and the advent of mixed-sex civil partnership - Consideration of the Law Commission's proposed reform of weddings law, particularly in relation to non-qualifying ceremonies - A revised analysis of the Gillick competence and children's autonomy rights in light of recent case law - Updated case law, including HM Attorney General v Akhter and Khan [2020], Guest v Guest [2022], Bell v Tavistock and Portman NHS Trust [2021], and Re H-W (Care Proceedings) [2022] Digital formats and resources The fifth edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. - The e-book offers a mobile experience and convenient access along with functionality tools, navigation features and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks - The online resources that support the book include regular updates on the law, further reading suggestions, and questions for students to consider.
Cohabiting couples and those entering religious-only marriages all too often end up with inadequate legal protection when the relationship ends. Yet, despite this shared experience, the linkages and overlaps between these two groups have largely been ignored in the legal literature. Based on wide-ranging empirical studies, this timely book brings together scholars working in both areas to explore the complexities of the law, the different ways in which individuals experience and navigate the existing legal framework and the potential solutions for reform. Illuminating pressing implications for social policy, this is an invaluable resource for policy makers, practitioners, researchers and students of family law.
With many couples separating each year, the question of how to determine the financial and property consequences of such separation has always been a problem area within family law. Should the principles be the same for married and cohabiting couples? Should the division of assets reflect the parties' own expectations or norms imposed by society? These are just two of the questions which the essays in this collection seek to explore. Recent cases in the House of Lords have seen willingness on the part of the judges to seek out empirical studies to inform their deliberations, but if the law is to engage with empirical data then much more information is needed, both about the arrangements people make during their relationships, and about the impact of the law when a relationship breaks down. This inter-disciplinary work brings together leading academics in the fields of law, economics, sociology and psychology in an attempt to provide some of the missing empirical information. Part I sets out the legal framework and identifies the importance of empirical studies for this area. Part II examines how couples (whether cohabitants or spouses) manage their money during their relationships. Part III then considers the impact that the law currently has on separating couples - examining how legal principles translate into reality and what their consequences are for the parties. Finally, Part IV considers the issue of legal rationality: it may be rational for the law to be shaped by patterns of behaviour, but how far will individual couples allow their behaviour to be shaped by the law?
The enactment of the Divorce Reform Act 1969 was a landmark moment in family law. Coming into force in 1971, it had a significant impact on legal practice and was followed by a dramatic increase in divorce rates, reflecting changes in social attitudes. This new interdisciplinary collection explores the background to the 1969 Act and its influence on law and society. Bringing together scholars from law, sociology, history, demography, and film and literature, it reflects on the changes to divorce law and practice over the past 50 years, and the changing impact of divorce on different people in society, particularly women. As such, it offers a 'biography' of this important piece of legislation, moving from its conception and birth, through its reception and development, to its imminent demise. Looking to the future, and to the new law introduced by the Divorce, Dissolution and Separation Act 2020, this collection suggests ways for evaluating what makes a 'good' divorce law. This brilliant collection gives insight not only into this crucial piece of legislation, but also into a key period of societal change.
Recent years have seen extensive discussion about the continuing retreat from marriage, the increasing demand for the right to marry from previously excluded groups, and the need to protect those who do not wish to marry from being forced to do so. At the same time, weddings are big business, couples are spending more than ever before on getting married, and marriage ceremonies are increasingly elaborate. It is therefore timely to reflect on the rites of marriage, as well as the right to marry (or not to marry), and the relationship between them. To this end, this new interdisciplinary collection brings together scholars from numerous fields, including law, sociology, anthropology, psychology, demography, theology and art and design. Focusing on England and Wales, it explores in depth the specific issues arising from this jurisdiction's Anglican heritage, demographic development, current laws and social practices.
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