DIVORCE

Aquinas trying to explain Mosaic permission of divorce - 2019, 183, 134
changing attitudes to marriage and divorce - 1996, 128/129, 35
children, effects of marriage breakdown on, and divorce reform - 1994, 122/123, 107
Christ & the Torah's fulfilment, discussion with regard to divorce law - 2015, 174, 35
Christian perspectives on 'no-fault' divorce, negative practical issues with proving fault & how best to support marriage - 2015, 174, 35
Church of England's Archbishops' Group proposals for law reform - 1967, 14/15, 6
Cornes on how Christian divorce solicitors can act responsibly, encourage reconciliations and care for clients - 2015, 174, 35
dispute resolution in family breakdown: research / reform needed into legal, quasi-legal & non-legal means - 2016, 177, 181
Divorce, Dissolution and Separation Act 2020: removal of fault, introduction of notice period etc - 2022, 188, 68
divorce in early Roman law, the early church, Canon law & late Roman Empire - 2015, 174, 35
divorce law reform, a Bishop's view from the House of Lords - 1996, 130/131, 63
divorce law reform: brief survey - pre 1969 to post 1996 - 2000, 145, 57
draft Divorce Reform Bill 2001 - 2001, 147, 132
G. K. Chesterton on divorce proposals and the meaning of marriage - 1967, 14/15, 2
effects of family breakdown on children - 2001, 146, 57
effects of relationship breakdown on the children - 1996, 128/129, 18
English Ecclesiastical courts & the regulation of divorce - 2015, 174, 35
family law, looking back over 40 years of - 2003, 150, 8
Family Law Act 1996: its failure & what should be salvaged - 2001, 147, 132
Family Law Bill 1996: encouraging reconciliation in divorce process - 1996, 128/129, 35
feminism driving the increasing divorce rate - 1993, 116/117, 36
husband must pay secular maintenance order despite sharia prenuptial financial agreement (case) - 170, 2013, 107
in the Middle Ages - 1975, 46/47, 7
individual autonomy, new focus on, gives legal effect to pre-nuptial agreements & courts are approving religious arbitration agreements after divorce - 2016, 177, 181
Jewish marriage and divorce: interactions between secular and religious legal systems - 2010, 164, 63
Law Commission objectives in formulating divorce law reform - 1967, 14/15, 6
legislative milestones and changing attitudes to - 1993, 118/119, 111
marriage gift agreements can be enforceable (even for religious marriages) after break up; cases arguing if proprietary right or contractual - 2016, 177, 181
Matrimonial Causes Acts (first three) gave civil courts divorce jurisdiction, kept process difficult (though more grounds added) & inhibited reconciliation - 2015, 174, 35
modern trends in, - 1971, 33, 121
muslim father sought a specific issue order for children to be brought up as muslims when with Christian mother, refused as not in best interests (case) - 2013, 170, 129
need for divorce reform (letter) - 2010, 165, 239
pre-nuptial agreements: law commission recommends these as legislatively binding (assuming needs met) including religious agreements - 2016, 177, 181
privatisation of family justice: cuts to legal aid & distrust of state regarding marriage push to alternative (incl. religious) dispute resolution - 2016, 177, 181
privilege of communication between spouse and priest - 1971, 32, 116
proposals to make reconciliation easier during divorce process - 1996, 128/129, 3
rabbinical Get, court order for maintenance does not create impediment of compulsion to granting of (case) - 2019, 183, 224 & 239
reform proposals of the Law Commission - 1991, 110/111, 55
religious beliefs, no right to impose on grant of a divorce - 1971, 31, 65
religious divorces in English law - 2010, 164, 27
religious tribunals expect civil divorce, if applicable, before religious termination - 2016, 177, 181
remarried not permitted to take Holy Orders in C. of E. while spouse alive but Archbishop can allow; does discretion make exemption to discriminate in Equality Act legally difficult? - 2018, 181, 171
scale of the problem in Europe - 1993, 116/117, 36
separated Jews want 'Beth Din' to arbitrate over children's welfare: court allows outcome whilst retaining power of binding endorsement (case) - 2013, 170, 105; 2019, 183, 225
sharia council process to deal with marriage breakdown - 2016, 177, 181
sharia (not civil) marriage and divorce: property given cannot be reclaimed in civil court (case) - 2010, 164, 110
talaq divorce pronounced in Saudi Arabia was sufficient to be recognised by domestic courts (case) - 2012, 168, 125
'Wachtel doctrine' and financial relief - 1973, 41, 123
conflict
foreign annulment amounting to desertion - 1970, 29, 211
foreign divorce granted by 'incompetent' court not recognised - 1972, 34, 36
Divorce Reform Bill
Divorce Reform Act 1969: questions of blame & the effect of "special procedure" - 2015, 174, 35
history of reform to divorce law - 1968, 20, 101
illegitimacy, issues of - 1968, 20, 101
issues, discussion of - 1968, 20, 86
provisions, discussion of - 1968, 20, 101
grounds
adultery committed after separation, decree and relief granted - 1975, 46/47, 40
examination of decided cases under Divorce Law Reform Act - 1973, 41, 123
general grounds for, bars to, and reconciliation under the Divorce Law Reform Act - 1970, 29, 198
hardship: degraded social status forming valid defence - 1973, 41, 183
hardship: examination of decided cases - 1973, 41, 123
hardship: suffering caused by breakdown not a defence - 1973, 41, 183
importance of examining 'conduct' in divorce proceedings - 2001, 147, 132
'no fault' divorce, reasons for proposing - 1996, 128/129, 3
petition due to unreasonable behaviour, only analysed via a few incidents, had to be rejected; judges debate change to law required? (case) - 2018. 181, 247
theology
dissolution of marriage - 1968, 20, 96
divorce in New Testament times & teaching of Jesus: grounds, God's original ideals & Matthaen 'porneia' discussion - 2015, 174, 35
divorce in Old Testament law, principles & ancient custom: discussion /analysis of particular Biblical cases that appear to protect women - 2015, 174, 35
influence on the development of the law - 1990, 104/105, 5
New Testament - 1982, 74/75, 84
scripture & early Judaism, divorce in - 1996, 128/129, 3
St Paul on pastoral questions of marriage, divorce & remarriage, analysis of - 2015, 174, 35
reconciliation
Law Commission proposals - 1977, 52/53, 2
Practice Direction - 1973, 41, 123
Germany
Lutheran reforms: divorce introduced with subsequent right to remarriage for some - 2017, 178, 6
talaq divorce pronounced in a third country Syria) isn't covered by EU Council Regulations on enhanced cooperation between countries (ECJ) - 2018, 180, 141
Italy
cessation of civil effects of marriage - 1972, 36, 93
referendum to repeal divorce law - 1975, 46/47, 23
Republic of Ireland
Article 41 of the Constitution - 1968, 21, 155
domestic law and the European Convention on Human Rights - 1985, 84/85, 14
enforcement of foreign financial orders - 1974, 43, 61
recognition of foreign decrees - 1974, 43, 61
Romania
divorce case where applicant was Jehovah's Witness, no evidence that this affected outcome (ECHR) - 2011, 167, 112
Scotland
grounds for - 1977, 52/53, 52
Spain
theological and secular perspectives - 1981, 70/71, 104

Published by:

The Edmund Plowden Trust