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2 - The Divorce Revolution and the Process of Allocation

Published online by Cambridge University Press:  01 March 2011

Patrick Parkinson
Affiliation:
University of Sydney
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Summary

THE INDISSOLUBILITY OF MARRIAGE

For many centuries, marriage was regarded as indissoluble. In countries founded on the western legal tradition, the indissolubility of marriage can be traced back to Christian teaching on the nature of marriage itself. Jesus Christ quoted the very earliest chapters of the book of Genesis as evidence of the Creation ordinance that on marriage, a man leaves his father and mother and is joined to his wife, and “they will become one flesh.” The sexual union, consummated, according to traditional Christian sexual ethics, on the wedding night, was an expression of a more fundamental union – not the erotic yet transitory joining together of vaginal intercourse, but a union of lives until death parted them. “So they are no longer two, but one,” Jesus explained. “Therefore what God has joined together, let no-one separate.”

Christian teaching on divorce was thus a strict code, replacing the Jewish teaching based on the law of Moses, which allowed divorce. Jesus said that Moses permitted divorce because people's hearts were hard. By his time, a rabbinic teaching had emerged that effectively allowed a man to divorce his wife for any reason. Questioned about this teaching by the Pharisees, Jesus was unequivocal in calling his followers to a higher standard. He permitted divorce on the grounds of adultery, thus indicating the great importance of sexual fidelity to preserve the uniqueness of the union between a man and a woman.

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Publisher: Cambridge University Press
Print publication year: 2011

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References

Wardle, Lynn, No-Fault Divorce and the Divorce Conundrum, 1991 B.Y. U. L. Rev. 79Google Scholar
Luryi, Yuri, Soviet Family Law, 10 Man. L. J. 117, 170 (1980)Google Scholar
Gorecki, Jan, Communist Family Pattern: Law as an Implement of Change, 1 U. Ill. L. F. 121, 124 (1972)Google Scholar
Sundberg, Jacob, Recent Changes in Swedish Family Law: Experiment Repeated, 23 Am. J. Comp. Law34, 44 (1975)CrossRefGoogle Scholar
Plankova, Olga, Relations Between Husband and Wife Under Czechoslovak Family Law, 9 Bulletin Of Czechoslovak Law1, 2–3, 11 (1968)Google Scholar
Mladenovic, Marko, Janjic-Komar, Marina, & Jessel-Holst, Christa, The Family in Post-Socialist Countries, inInternational Encyclopedia of Comparative Law Vol IV Chapter 10, 3, 80–85 (1998)Google Scholar
Dadomo, Christian, The Current Reform of French Law of Divorce, 2004 Int. Fam. L. 218Google Scholar
Kay, Herma Hill, Beyond No-Fault: New Directions in Divorce Reform, inDivorce Reform at the Crossroads, 6, 7–8 (Sugarman, Stephen & Kay, Herma Hill eds., 1990)Google Scholar
Oates, Wayne, A Minister's Views on Children of Divorce, inExplaining Divorce to Children 157 (Grollman, Earl ed., 1969)Google Scholar
Crouch, R., An Essay on the Critical and Judicial Reception of Beyond the Best Interests of the Child, 13 Fam. L.Q. 49 (1979)Google Scholar
Richards, Martin, Behind the Best Interests of the Child: An Examination of the Arguments of Goldstein, Freud and Solnit Concerning Custody and Access at Divorce, 1986 J. Soc. Welfare L. 77CrossRefGoogle Scholar
Freeman, Michael, The best interests of the child? Is ‘The Best Interests of the Child in the best interests of children?, 11 Int'l. J.L. Pol'y & Fam. 360 (1997)CrossRefGoogle Scholar
McLeod, James, Case Comment on Pelech v. Pelech 7 R.F.L. (3d) 225 (1987)Google Scholar
Leckey, Robert, What Is Left of Pelech? 41 Sup. Ct. L. Rev. (2d) 103 (2008)Google Scholar
Blumberg, Grace, The Financial Incidents of Family Dissolution, inCross Currents: Family Law and Policy in the US and England 387 (Katz, Sanford, Eekelaar, John, and Maclean, Mavis, eds., 2000)Google Scholar
Kay, Herma Hill, Equality and Difference: A Perspective on No-Fault Divorce and Its Aftermath, 56 U. Cincinnati L. Rev. 1, 47 (1987)Google Scholar
Levy, Robert, A Reminiscence about the Uniform Marriage and Divorce Act – and Some Reflections about Its Critics and Its Policies, 1991 B.Y.U.L. Rev. 43, at 72ffGoogle Scholar
Glendon, Mary AnnMarriage and the State: The Withering Away of Marriage, 62 Virginia L. Rev. 663, 706 (1976)CrossRefGoogle Scholar
Parkinson, Patrick, The Yardstick of Equality: Assessing Contributions in Australia and England 19 Int J. L. Pol'y & Fam. 163 (2005)CrossRefGoogle Scholar
Glendon, Mary Ann, The French Divorce Reform Law of 1976, 24 Am. J. Comp. L. 199, 213–14 (1976)CrossRefGoogle Scholar
Sage, Zona, Dissolution of the Family under Swedish Law 9 Fam. L. Q. 375, 388 (1975)Google Scholar
Krause, Harry, Child Support Reassessed: Limits of Private Responsibility and the Public Interest 1989 U. Ill. L. Rev. 367, 370Google Scholar
Maclean, Mavis, The Making of the Child Support Act of 1991: Policy Making at the Intersection of Law and Social Policy, 21 J. L. & Soc. 505 (1994)CrossRefGoogle Scholar
Smart, Carol, Wishful Thinking and Harmful Tinkering? Sociological Reflections on Family Policy, 26 J. Soc. Pol'y. 301, 311–15 (1997)CrossRefGoogle Scholar
Brinig, Margaret & Carbone, June, The Reliance Interest in Marriage and Divorce, 62 Tul. L. Rev. 855 (1988)Google Scholar
Sugarman, Stephen, Dividing Financial Interests on Divorce, in Divorce Reform at the Crossroads 130 (Sugarman, Stephen & Kay, Herma Hill, eds., 1990)Google Scholar
Peterson, Richard, A Re-evaluation of the Economic Consequences of Divorce, 61 Am. Soc. Rev. 528 (1996)CrossRefGoogle Scholar
Weitzman, Lenore, The Economic Consequences of Divorce Are Still Unequal, 61 Am. Soc. Rev. 537 (1996)CrossRefGoogle Scholar
Singer, Jana, Divorce Reform and Gender Justice, 67 N.C. L. Rev. 1103 (1989)Google Scholar
McLindon, James, Separate but Unequal: The Economic Disaster of Divorce for Women and Children, 21 Fam. L.Q. 351 (1987)Google Scholar
Hoffman, Saul & Duncan, Greg, What Are the Economic Consequences of Divorce?, 25 Demography641 (1988)CrossRefGoogle ScholarPubMed
Garrison, Marsha, Good Intentions Gone Awry: The Impact of New York's Equitable Distribution Law on Divorce Outcomes, 57 Brook. L.R. 621 (1991)Google Scholar
Hughes, Jody, Repartnering after Divorce: Marginal Mates and Unwedded Women, Family Matters55, 16 (2000)Google Scholar
Spaht, Katherine Shaw, Louisiana's Covenant Marriage Law: Recapturing the Meaning of Marriage for the Sake of the Children, inThe Law And economics of Marriage and Divorce 92 (Dnes, Anthony & Rowthorn, Robert eds., 2002)CrossRefGoogle Scholar
Melli, Marygold, Whatever Happened to Divorce?, Wis. L. Rev. 637, 638 (2000)Google Scholar

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