The themes of the article
The Divorce Reform Act 1969 on its face gives to the promotion of reconciliation between married couples a prominence unprecedented in our legislation. It can be argued that section 3 of the Act (“Provisions designed to encourage reconciliation”) is merely a placatory gesture towards those troubled by too-easy divorce. The practical effect of the section is certainly limited. But it is of interest in a number of ways, theoretical and practical. More generally, changes in the fundamentals of divorce law justify a new approach to the purposes and practices of reconciliation. It may be worthwhile attempting to foster that approach even if section 3 can be criticised as an inadequate instrument for giving effect to it.