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This article adds to a growing body of literature that aims to correct the traditional lack of attention to the role of women lawyers who have exercised their power as active citizens by participating in legal reform and facilitating access to social justice for all Australians. The paper highlights the unique contribution to gender equality of one such woman, Eve Mahlab AO, through a close examination of her oral history, which was drawn from the pilot stage of a project that now comprises a corpus of over fifty interviews recorded with 'trailblazing' Australian women lawyers. The methodology adopted is innovative in combining a legal analysis and a discourse analysis of the interview with Eve Mahlab. This approach offers insights into those aspects of her personal and professional biography that most influenced and enabled her contributions in the public and private spheres, allowing us to publicly acknowledge and record them. The paper demonstrates how such use of oral history broadens and deepens our understanding of the diverse social and professional forces that shape political consciousness and motivate feminist engagement in civic activity. [ABSTRACT FROM AUTHOR]

We viewed highly influential social media channels on the internet regularly using non-participant observation as our method. We observed hundreds of short videos on YouTube and other platforms, as a sociocultural anthropologic field study, from January 2023 to January 2024. Given the well documented decline in marriage globally, we sought to understand common themes shared by social media content providers. Our non-participant observations led us to develop the War of the Sexes Glossary. Generation Z appears to have solidified a worldview that marriage is unnecessary. Emil Brunner's predictions from 1945 have come true, where he argued that "If the social basis, marriage, is rotten, the whole community is rotten." The Manosphere, in direct response to feminists' rhetoric, has fostered three main complaints prohibiting them from marriage commitment: "No Fault Divorce," "Presumptive Paternity" and "My Body, My Choice." We offer practicable solutions to policy makers on how to mitigate this dangerous worldview that, if not corrected, could destroy marriage in America. [ABSTRACT FROM AUTHOR]

This article provides a preliminary commentary on the new civil family law regime introduced in the emirate of Abu Dhabi in November 2021 which, since February 2023, applies nationwide through the adoption of a federal statute on civil personal status. Abu Dhabi's Law No. 14 of 2021, its accompanying Procedural Regulations, and the more recent Federal Law No. 41 of 2022 have introduced legal concepts, such as civil marriage, no-fault divorce, and joint custody, as well as potentially adoption, which have previously been non-existent for both the local and the large foreign population in the United Arab Emirates. The new statutes thereby stand in sharp contrast to the family law system to which the local Muslim population is still subject. This article assesses the new provisions against the background of the federal Muslim family law regime, established patterns of family law jurisprudence in the country, and early case law in the newly established Civil Family Court in Abu Dhabi. [ABSTRACT FROM AUTHOR]

In "Divorce, American Style: Fighting for Women's Economic Citizenship in the Neoliberal Era," Suzanne Kahn explores the experiences of women navigating divorce in the United States between the 1970s and 1990s. As divorce rates rose, women who had relied on their husbands for financial support found themselves facing economic hardships. Divorce reformers, inspired by the feminist movement, sought to redefine women's economic citizenship and challenge the unequal distribution of marital assets. While some progress was made, compromises and conservative political power limited the reforms, resulting in wealthier women gaining more access to family property while lower-income women still faced inequality. The book highlights the complex history of marriage, the welfare state, and the feminist movement during this period. [Extracted from the article]

Despite the evolution of no-fault divorces, which were intended to remove certain barriers to divorce and essentially make any divorce filed inevitable, many jurisdictions prescribe a waiting period before eligibility for divorce, during which there must be a demonstrable period of separation. In support of findings of facts and conclusions of law about whether the divorcing couple has established a separation, some jurisdictions will ask whether the couple has lived in the same abode and, if so, will inquire about the divorcing couple's roles and choices vis-à-vis one another--for example, preparing meals for one another or engaging socially with one another. Other jurisdictions will make explicit inquiries into whether a couple has had sex with one another. Probing into families' living arrangements and adults' sexual choices does real and particular harm to marginalized social groups, and doing so defies the liberty and privacy interests of families and couples. In explicating this litany of critiques, this project attempts to avoid the trap that family law scholarship can too easily fall into; namely, criticizing doctrine "on a low level of abstraction" and rushing to a proposed reform. This piece, therefore, offers a taxonomy of the harm that separate and apart requirements cause--paying particular attention to the ways in which these laws are classist, heteronormative, gendered, and racially charged--and illuminates how constitutionally precarious such laws are. The project is ambitious as it attempts to situate and expose the deep-seated problems of separate and apart requirements as reflective of the deep-seated flaws in family law jurisprudence generally. The piece offers a comprehensive analysis and investigation of separate and apart requirements, and it serves as an invitation to further conversation and exploration of the themes raised herein. Based on the author's practice experience as much as her scholarship, the proposal insists that where couples are struggling deep in the heart of the matter about their choices--the good ones and the mistakes--they do not need or desire a judicial officer to ask them to wait or to organize their life a certain way before allowing them to divorce. Nothing and no one is served by insisting on some normative view about what the end of a marriage looks like and requiring some time period for performance of that view. The proposal in this piece joins a growing chorus of practitioners, judges, and scholars talking about administrative divorces. The distinct voice in this piece advocates for administrative divorce as a procedural decoupling of divorce from any underlying or attendant economic and custody issues. The piece motivates this argument based on the premise that allowing families to proceed thusly will enhance the self-determination of families in transition and promote use of the courts when, and only when, the families determine that court involvement in matters of children and economics will improve their stability. [ABSTRACT FROM AUTHOR]

This study examines the properties of the linear probability difference-indifferences estimator when the data are in fact generated by a single-decrement, continuous-time hazard process. We focus on the textbook case of two groups and two periods in which the control and treatment groups are observed before and after treatment. We provide formal derivations and illustrate matters concretely by reexamining economic studies that have relied on the linear probability difference-in-differences estimator when attempting to obtain estimates of the causal effect of unilateral and no-fault divorce. In particular, we show that the increasing then decreasing pattern of effects found by Wolfers (2006) can be generated by a time-invariant effect of treatment in a proportional hazard setting. We conclude that often implicit assumptions about how the data are generated are an important and necessary component of causal identification. [ABSTRACT FROM AUTHOR]

In Mal 2021, Singapore reopened the discussion to introduce no-fault divorce into its divorce laws and sought the public's opinion on its consultation paper. This article posits that no-fault divorce is not against the best interests of society but is in the best interests of the family. This is because no-fault divorce can benefit parties (especially the children) and does not erode the sanctity Of mar-Wage. An empirical study of divorce in Hong Kong shows that there is no con relation between no-fault divorce and the increase in divorces. In a similar vein and in line with therapeutic justice, the authors also propose interdisciplinary measures to better support marriages and children to complement the introducdori of no-fault divorce in Singapore. [ABSTRACT FROM AUTHOR]

This article identifies ways that judges, lawyers, researchers, and policy makers may attend to the role of gender and gender dynamics facing same‐sex couples upon divorce or other relationship dissolution. When same‐sex couples marry, the legal system and society at large may project conceptions of gender onto same‐sex couples, often in a manner that conflicts with couples' intentions and practices. Gender and gender dynamics may affect the bases for dissolution, the financial aspects of dissolution, and the determination of child custody. The article also suggests directions for future research on the impact of gender on the dissolution of same‐sex relationships. [ABSTRACT FROM AUTHOR]

The article provides a historical overview of policies and laws in California. Topics discussed include some aspects of California's private law followed by other states including the field of torts, proposals for codification of the laws event before California was formally admitted to the Union, the adoption of no-fault divorce under the Family Law Act of 1970, the state supreme court's ruling on the case of Serrano v. Priest and tax-limitation law.

The study examines some theoretical issues of the pecuniary and non-pecuniary relationships between spouses after divorce that raise some debates in the doctrine, such as the date of the marriage dissolution, the termination of the matrimonial regime, the judgement of the divorce claim in case the claimant dies during the trial, the claim for one spouse's family name after the divorce was definitely settled by the court of law and the right to damage of the no-fault spouse in the divorce file. The research consists in the analysis of the new legal provisions related to the spouses' relationships after divorce both from theoretical and practical perspectives. The authors also intend to carry out an analysis of the relevant case law of the courts of law in this matter. [ABSTRACT FROM AUTHOR]

Richard Posner argues that late twentieth-century divorce-law reform rendered marital relationships in the United States increasingly contractual in nature. Chief among such reforms was the no-fault divorce revolution: the widespread switch in states' legal regimes from fault-based, mutual-consent divorce to no-fault based, unilateral divorce, which swept across America in the 1970s. While a growing literature considers the no-fault divorce revolution's effects on divorce rates, almost no work considers its causes. Taking Posner's observation as its starting point, this paper develops testable hypotheses relating to the potential origins of no-fault divorce reforms in the US. [ABSTRACT FROM AUTHOR]

Copyright of Canadian Journal of Law & Society/Revue Canadienne Droit et Societe (Cambridge University Press) is the property of Cambridge University Press and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista de Derecho UNED is the property of Editorial UNED and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The article discusses a theory-based approach to alimony reform in Florida, focusing on the Florida Legislature's modifications to the state's alimony laws with regards to the factors that judges should consider in determining whether an alimony award should be issued. Fault-based divorce, a damages theory for alimony, and no-fault divorce statutes in places such as California are mentioned. The Uniform Marriage and Divorce Act, social change, and compensation for a loss are examined.

Since one of the principles of family is its social protection, the reduction in the number of divorces in every country is of an essential importance. The republic of Macedonia belongs to the group of countries where the number of divorces is in a continuous increase, and the number of concluded marriages is in a gradual decrease. The grounds for divorce are different, and there are also differences in the regulation of the grounds for divorce. Divorce by mutual consent is accepted by most legislatures, but there are differences in the treatment of the consequences caused by it. The author of this text takes an insight in the legislation for divorce by mutual consent of the spouses within comparative law. If we take into consideration the comparative reforms, it is easy to notice that some legislatures have taken one step further in the regulation of divorce by mutual consent. We can also notice that in The Republic of Macedonia some matters, considering the divorce by mutual consent, are not included in the regulation, but now there are proper conditions created for them to be regulated. Changes are essential in the regulation of divorce by mutual consent which should refer especially to the conditions of the submission of the joint application for divorce and the consequences of the divorce. For this cause, comparative law's solutions are presented so that a conclusion can be made on whether our country is ready to act in accordance with comparative solutions, and for which solutions there are conditions and needs to be implemented in the Republic of Macedonia. [ABSTRACT FROM AUTHOR]

This article deals with an interdisciplinary, legal and sociological, analysis of divorce in Croatia. In the legal context, we provide an overview of the legal and historical development of key elements appearing in relation with divorce: the principle of fault and parental custody of children after divorce. We present statistical data on concluded marriages, age at marriage conclusion, dissolved marriages, and duration of marriage in Croatia in the last fifty years. We provide guidelines for contemporary divorce regulation in Croatia by introducing mandatory education of parents prior to divorce involving children, family mediation, and meeting international liabilities of Croatia to provide children with the option of taking part in divorce proceedings. Keypoints for the Family Court Community The legal and historical development of the principle of fault and parental custody after divorce in Croatia, New solutions: mandatory parental education, family mediation and child as a party to the divorce proceedings [ABSTRACT FROM AUTHOR]

The article offers information on the history, development and significance of the domestic relations laws in the state of New York under the Defense of Marriage Act (DOMA). It discusses the effectiveness of the divorce reform laws and no-fault divorce law in promoting the equality and fairness in the same-sex marriage and protecting the gay rights under the Marriage Equality Act in New York.

The article discusses the role of California Supreme Court Justice Roger Traynor role in the implementation of no-fault divorce in California, with focus given to his 1952 majority opinion for the case "DeBurgh v. DeBurgh." The author connects the concept of recrimination to the at-fault divorce law, which Traynor opposed in his decision, and explains how this concept allowed a trial court to deny a divorce to the DeBurghs. She goes on to connect the case to the shift in gender roles following World War II that saw increased employment for married women and the subsequent rise in divorce requests.

Recent public debates about family law reform have revealed both support for and criticism of legislative policies that seek to shape social norms. Amidst this debate was a suggestion from some quarters that the Whitlam Government's removal of fault-based divorce is responsible for the gendered tensions that characterise modern reform debates. This article draws on archival records and interviews conducted with family law professionals who worked in the system in the 1970s and experienced the transition to the no-fault system, to explore the principles underlying the introduction of the Family Law Act of 1975 and to identify the sources of continuing dissension about its impact. [ABSTRACT FROM AUTHOR]

The Indian legislature is circumspect in introducing major changes in personal laws. The Dissolution of Muslim Marriages Act, 1939 was legislation that sought to allow Muslim women the right to divorce like their counterparts in Hindu and other religions. The intent of this article is to explore the progress of inclusion of fault grounds and nonfault grounds into the wording of the statute of the Dissolution of Muslim Marriages Act, 1939. [ABSTRACT FROM AUTHOR]