The unification of Australian divorce law under the Matrimonial Causes Act 1959 (Cth)

The enactment of the Matrimonial Causes Act 1959 (Cth) was a significant moment in the history of Australian family law. The Act unified the divorce law under a single federal statute. The article argues that the introduction of the Act was driven based on modern conservatism. The Act promoted the social conservatism that was prevalent during the Menzies era of the 1950s by preserving many of the existing grounds for divorce and barring divorce to married couples in the first 3 years of marriage. On the other hand, it was a legal change driven by modernity and the unification of Australian divorce law was part of the project of nation building. Moreover, the Act introduced separation of 5 years as a no-fault ground of divorce. This eventually paved the way for the introduction of no-fault divorce in Australia under the Family Law Act 1975 (Cth).