THE LAW OF DOMESTIC RELATIONS

Abstract

Given the social importance of the laws governing domestic relations, the author believes the area deserves more attention than it is given. This article surveys certain developments and cases of interest over the past ten yeas regarding changes to the constitution of marriage, the applicability of the Marriage Act and the general subject of divorce. More specifically, it addresses the role of evidence of adultery in divorce, recognition of foreign divorces, nullity decrees, damages for loss of consortium and other ancillary matters. It also considers new problems created by changes in the ability of women to hold and deal with matrimonial property, including the matrimonial home, and changes to the law of adoption. The author argues that the strain of all these changes imposed on the system demands further clarification, which he believes may be achieved most effectively through codification of the law on at least some of the above issues.