A critical examination of current law of divorce and the need for change
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document in English
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published 18/08/2008
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Summary
“There is no one branch of the law more important, in any point of view, to the great interests of society……than that which regulates the formation and the dissolution of the nuptial contract. No institution indeed more nearly concerns the very foundations of society….than that of marriage” (Lord Brougham 1841).
The relationship between law and social behaviour has always posed a difficult balancing act for legislators. Any social issue or trend inherently proliferates at a staggering rate with any responsive legislation arguably being out of date and inadequate on implementation. The classic definition of marriage in English law under Hyde v. Hyde (1866) and the preference for preserving the sanctity of marriage has created conflict in the implementation of an effective law of divorce that does not undermine the doctrine of marriage (Stone, 1530).
The relationship between law and social behaviour has always posed a difficult balancing act for legislators. Any social issue or trend inherently proliferates at a staggering rate with any responsive legislation arguably being out of date and inadequate on implementation. The classic definition of marriage in English law under Hyde v. Hyde (1866) and the preference for preserving the sanctity of marriage has created conflict in the implementation of an effective law of divorce that does not undermine the doctrine of marriage (Stone, 1530).
Table of Contents
- Introduction.
- Background to current law.
- Review and analysis.
- Comparison with other jurisdiction: Scandinavia and Canada.
- Recommendations.
- Summary and conclusion.
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