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.
Foreword Lady Hale, former President of the Supreme Court of the United Kingdom PART ONE INTRODUCTION 1. ‘Irretrievably Broken’? Introducing the Life-Story of the Divorce Reform Act 1969 Joanna Miles, University of Cambridge, UK, Daniel Monk, Birkbeck, University of London, UK, and Rebecca Probert, University of Exeter, UK 2. Divorces by Fact Proven Over the Past Half Century in England and Wales: Th e Historical Context, Statistical Trends and Future Prospects John Haskey, University of Oxford, UK PART TWO BACKGROUND 3. Dynamic Impasse: Divorce and British Film in the Mid-Twentieth Century James Brown, Birkbeck, University of London, UK 4. Feminism, Property and Divorce Law Reform in the 1960s Rosemary Auchmuty, University of Reading, UK 5. Putting Asunder – Reappraised Rosie Sinclair, University of Chester, UK 6. Behind Casanova’s Charter: Edith Summerskill, Divorce and the Deserted Wife Sharon Thompson, Cardiff University, UK PART THREE TELLING STORIES ABOUT DIVORCE AND MARRIAGE 7. Divorced from Reality? Literary Depictions of the Legal Process for Ending a Marriage, 1971–2021 Rebecca Probert, University of Exeter, UK 8. Judging Matrimonial Behaviour Joanna Miles, University of Cambridge, UK 9. Telling Tales? Establishing Irretrievable Breakdown under the Matrimonial Causes Act 1973 Liz Trinder, University of Exeter, UK 10. Royal Divorces and the Remaking of Marriage and Monarchy Daniel Monk, Birkbeck, University of London, UK PART FOUR CONTEMPORARY PERSPECTIVES AND CHALLENGES 11. Divorced from Human Rights? English Divorce Law under Human Rights Scrutiny Carmen Draghici, City, University of London, UK 12. British Muslim Communities, Islamic Divorce and English Family Law Samia Bano, SOAS, University of London, UK 13. Dissolution, Divorce and Changing Practices of Commitment Brian Heaphy, University of Manchester, UK, and James Hodgson, University of Manchester, UK Afterword John Eekelaar, University of Oxford, UK
Joanna Miles is Professor of Family Law and Policy, University of Cambridge., UK. Daniel Monk is Professor of Law, Birkbeck College, University of London, UK. Rebecca Probert is Professor of Law at University of Exeter, UK.
