Reform of the Legal Requirements for Divorce Post-Owens: A Welsh Perspective

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Documents

  • Gwenllian Roberts

    Research areas

  • School of Law, marriage, divorce reforms, Welsh law, Welsh legal history, devolution

Abstract

The seminal case of Owens v Owensattracted an unprecedented level of attention todivorce law by highlighting the practical and theoretical failings of a system predicated on fault. It also spurred the Government to take active steps towards reforming the requirements for divorce in the current jurisdiction of England and Wales. However, the discussion and proposals for reform have remained grounded in a traditional framework that follows a discriminatory rhetoric stemming from an English-focused history. An analysis of the unique understanding of marriage and divorce in Medieval Wales and the current Welsh legal and political climate provides justification for devolving divorce law to Wales as well as a new lens for approaching reform.

Details

Original languageEnglish
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Supervisors/Advisors
Award date3 Feb 2020