Abstract

This paper examines the proposition advanced by some commentators that divorce petitioning in England and Wales fluctuates in accordance with the changing real value of legal aid. Direct evidence, from divorce figures and details of legal aid provision, is examined and shown not to fit the hypothesis. Indirect evidence drawn from Magistrates' Court proceedings and income provision by the National Assistance Board also fails to support the proposition. It is concluded that the proposition is false, and that increased divorce petitioning reflects more fundamental social changes than amendments to legal aid provision.

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