Family Law and the Indissolubility of Parenthood by Patrick Parkinson PDF

By Patrick Parkinson

ISBN-10: 0511921063

ISBN-13: 9780511921063

ISBN-10: 0521116104

ISBN-13: 9780521116107

There are few parts of public coverage within the Western international the place there's as a lot turbulence as in relatives legislation. frequently the disputes are noticeable by way of an unending warfare among the genders. Reviewing advancements over the past 30 years in North the USA, Europe, and Australasia, Patrick Parkinson argues that, instead of simply being approximately gender, the conflicts in relatives legislation derive from the breakdown of the version on which divorce reform used to be predicated within the past due Sixties and early Seventies. adventure has proven that even if marriage might be freely dissoluble, parenthood isn't. facing the main tricky concerns in relatives legislations, this booklet charts a course for legislation reform that acknowledges that the kinfolk endures regardless of the separation of folks, whereas permitting room for individuals to make a clean begin and prioritizing the security of all involved whilst making judgements approximately parenting after separation.

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51 Mary Ann Glendon Marriage and the State: The Withering Away of Marriage, 62 Virginia L. Rev. 663, 706 (1976). 81 of the Family Law Act 1975. 53 Family law practitioners and the courts seek to deal with the equity of the case entirely through property division, even if, as is quite commonly the case, women with the primary care of the children receive 70 percent of the property. Spousal support was confined to cases where a spouse does not have the means for self-support. 72 of the Family Law Act 1975 is that the other party is unable to support herself or himself adequately whether: (a) by reason of having the care and control of a child of the marriage who has not attained the age of 18 years; (b) by reason of age or physical or mental incapacity for appropriate gainful employment; or (c) for any other adequate reason.

Yuri Luryi, Soviet Family Law, 10 Man. L. J. 117, 170 (1980). See also Kent Geiger, The Family in Soviet Russia (1968). 13 The experiment did not last long. 14 Stalin’s Russia was not the only country to experiment with family law reform. 15 After World War II, the new communist countries of Eastern Europe also reformed their family laws. For example, in Czechoslovakia, reforms in 1955 permitted no-fault divorce based on the fact of lengthy separation. 17 The divorce revolution only came to western countries at the end of the 1960s.

It is possible also for a man to join the wife’s dynastic line – an occurrence most likely to take place if the woman’s family has no male heir and her family line would die out (uxorilocal marriage). 5 The Prohibition on Divorce In societies that adopted Christian teaching as normative, it was centuries before the standard of indissolubility of marriage really became established. Christian devotion competed with preexisting customs and understandings of marriage. The Church could not really develop an effective prohibition on divorce without first establishing dominion over marriage.

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Family Law and the Indissolubility of Parenthood by Patrick Parkinson

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