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Family Law pp 105-146 | Cite as

Services, Institutions, Courts and their Jurisdictions

  • Olive M. Stone
Chapter

Abstract

The office of Censuses and Surveys found in 19721 that, even when buying their matrimonial home, between 24 per cent and 34 per cent of those interviewed had received advice on joint ownership from relatives and friends. When joy turns to misery among the married they are usually among the first to be consulted, and they still play a major role in either harmonising or exacerbating relations between spouses.

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Notes

  1. 2.
    See, e.g. B. Bodenheimer, ‘The Utah marriage counselling experiment’, 7 Utah LR (1961) 443;Google Scholar
  2. Henry J. Foster Jr, ‘Conciliation and counselling in the courts in family law cases’, 41 NYU L. Rev. (1966) 353;Google Scholar
  3. B. Bodenheimer: ‘New approaches of psychiatry: implications for divorce reform’ 16 Utah L. Rev. (1970) 191.Google Scholar
  4. The most up-to-date summary of developments is that by A. H. Manchester and J. M. Whetton, ‘Marital conciliation in England and Wales’, 23 ICLQ (1974) 339. This covers a wider field than its title indicates.CrossRefGoogle Scholar
  5. 5.
    When new grounds for divorce in New York State were added to adultery in 1966 the Domestic Relations Law was amended to provide also that those commencing an action for separation, divorce or nullity must so notify the local conciliation bureau, which may summon them for at least one conciliation conference. There is a conciliation commissioner within the jurisdiction of each Supreme Court. See Jon M. A. McLaughlin, ‘Court-connected marriage counselling and divorce: the New York experience’, 11 Jo. of Family Law (1972) 517;Google Scholar
  6. Freda S. Nisnewitz, ‘Matrimonial conciliation: theory and practice’, 37 Brooklyn L. Rev. (1971) 566.Google Scholar
  7. 6.
    No. 53 of 1975, in operation from 6 January 1976, ss 11–13. See also Divorce, Society and the Law, ed. H. A. Finlay (1969).Google Scholar
  8. 11.
    Manchester and Whetton, 23 ICLQ, at 350 et seq. On Legal Advice Services generally see Rosalind Brooke, Information and Advice Services (1972) ch. 5.Google Scholar
  9. 26.
    E.g. that appended by Lenore J. Weitzman to, ‘Legal regulation of marriage: tradition and change. A proposal for individual contracts and contracts in lieu of marriage’, 62 Calif. LR (1974) 1169. Some fundamental matters, such as whether the parties expect sexual relations to be exclusive, are even there omitted.CrossRefGoogle Scholar
  10. 110.
    Wright v. Wright [1976] Farn. 114. See also the comments of Ormrod L.J. in Cumbers v. Cumbers [1974] 1 W.L.R. 1331, 1334H–1335A, casting doubt on the provisions.Google Scholar
  11. 127.
    See, e.g. Finer J. in Andrews v. Andrews [1974] 3 All E.R. 643, at 645 d–f.Google Scholar
  12. 172.
    See T. C. Hartley and I. G. F. Karsten, 37 MLR (1974) 179.CrossRefGoogle Scholar
  13. 185.
    Section 10(5), except for s. 9, which empowered the government of Northern Ireland to enact similar legislation, and came into operation on 27 July 1971. The legislation followed the lines recommended by the Law Commission in Law Com. 34 (1970). See also I. G. F. Karsten, 35 MLR (1972) 299.Google Scholar
  14. 187.
    The meaning of this phrase is far from clear, and there are other difficulties and gaps in the statute. See P. M. North, ‘Recognition of extra-judicial divorces’, 91 LQR (1975) 36 and addendum by A. J. E. Jaffrey, Ibid. p. 320.Google Scholar

Copyright information

© Olive M. Stone 1977

Authors and Affiliations

  • Olive M. Stone
    • 1
  1. 1.London School of Economics and Political ScienceUniversity of LondonUK

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