ABSTRACT

The Divorce Reform Act 1969 abolished matrimonial offence as the legal basis for divorce and substituted the principle of irretrievable breakdown. At the same time the Matrimonial Proceedings and Property Act 19701 empowered the courts to redistribute between the spouses all the assets owned by them, thus enabling women’s contribution to the marriage to be reflected in the financial settlement. These, and subsequent associated reforms,2 revolutionized both the process of divorce and its financial consequences, especially for women. Nevertheless, the modern emphasis on negotiation and settlement in divorce still does not prevent hostile litigation dominated by lawyers, and does not necessarily lead to an equitable distribution of the marital assets.