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Critically analyse the extent to which the role of divorce law should be to save marriage.
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Critically analyse the extent to which the role of divorce law should be to save marriage The classic definition of marriage in English law is that of Lord Penzance in Hyde v Hyde and Woodhouse1 'I conceive that marriage as understood in Christendom, may...be defined as the voluntary union for life of one and one woman to the exclusion of all others.'2 Although, this was enunciated nearly one hundred and fifty years ago it nonetheless continues to be the starting point for any general doctrinal account of the law in this country.3 More importantly, this definition highlights in particular that marriage must be 'for life.' Here, Lord Penzance was probably referring to the view traditionally taken in Western Europe by the Roman Catholic Church and some other denominations.4 In English law marriage is an agreement by which a man and a woman entire into a certain legal relationship with each other and...
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