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Chapter

Cover Family Law

3. Ending Relationships: Divorce and Separation  

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter discusses the law on divorce and separation. It covers divorces in England and Wales; the nature, function, and limits of divorce law; a brief history of divorce law to 1969; the present law of divorce and judicial separation; evaluation of the current law; options for reform of divorce law and the process of divorce; and the future of English divorce law.

Chapter

Cover Family Law

3. Ending Relationships: Divorce, Dissolution, and Separation  

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter discusses the law on divorce, dissolution, and separation. It covers divorces in England and Wales; the nature, function, and limits of divorce law; a brief history of divorce law to 1969; divorce law as it was before 2022; the defects of the former law and its reform; the present law of divorce and judicial separation under the Divorce, Dissolution and Separation Act 2020; and evaluation of the current law.

Book

Cover Family Law

Rob George, Sharon Thompson, and Joanna Miles

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. Drawing on extensive experience, the authors offer a detailed and authoritative exposition of family law illustrated by materials carefully selected from a wide range of sources. The book’s principal aims are to provide readers with a thorough understanding of family law in a way that stimulates critical reflection. Readers are encouraged to consider how and why the law has developed as it has, what policies it is seeking to pursue, whether it achieves the right balance between the rights and interests of individual family members and the wider public interest, and how it operates in practice. This edition provides updates and revised discussion on: the advent of mixed-sex civil partnership; a thoroughly overhauled chapter on divorce law, in light of the reform effected by the Divorce, Dissolution and Separation Act 2020; new laws relating to domestic abuse, introduced by the Domestic Abuse Act 2021; a revised analysis of Gillick competence and children’s autonomy rights in light of recent case law; and detailed consideration of the latest developments in relation to contact and domestic abuse after Re H-N (Domestic Abuse: Findings of Fact Hearings) [2021] EWCA Civ 448. Updated case law includes Guest v Guest [2022] UKSC 27, Bell v Tavistock and Portman NHS Trust [2021] EWCA Civ 1363, R (McConnell) v The Registrar General for England and Wales [2020] EWCA Civ 559, Re H-N (Domestic Abuse: Finding of Fact Hearings) [2021] EWCA Civ 448, Re H-W (Care Proceedings) [2022] UKSC 17, and Re A, B and C (Adoption: Notification of Fathers and Relatives) [2020] EWCA Civ 41.