The rights of fathers are a frequently overlooked part of divorce. This is unfortunate because currently, divorce (especially unilateral no-fault divorce) is largely used against men. In Stevenson’s words, “On balance, unilateral divorce favors those who most want out of the marriage, which more often than not are women.” Women are more likely to be worse off economically as a result of divorce. But men are more likely to be the disadvantaged party protesting the divorce.
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Over time, this conflict can reach such heights that divorce seems to be the only logical conclusion.
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The Matrimonial Causes Act of 1857 made divorce legal under British law and was the first law to protect a wife’s property. It was thus the second piece ...