Fault, Gender Politics and Family Law Reform

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...

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Bibliographic Details
Published in:The Australian journal of politics and history 2011-06, Vol.57 (2), p.207-220
Main Authors: Swain, Shurlee, Thornton, Danielle
Format: Article
Language:English
Subjects:
Australia
Australia. Family Law Act 1975
Australia: Law and legislation
Criticism
Divorce
Family Law
Fault-based divorce
Gender
Gender relations
Law reform
Legal aspects
Legislation
Political history
Public policy
Reform
Sex
Social change
Social norms
Women's rights
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Summary: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.
ISSN:0004-9522
1467-8497
DOI:10.1111/j.1467-8497.2011.01592.x