An extraordinary revolution in family relationships took place in Australia between 1857 and 1976. Marriage changed from an institution to be preserved at almost any cost to a union of equal partners, to be dissolved when it had irretrievably broken down. A millenium of legal, social, and religious practice was swept away in less than 120 years. Gender relations were transformed.

Change, however, was not straightforward or consistent. The Commonwealth parliament did not act until 1959, and different reforms took place at different times in the Colonies and States.

In To Have But Not to Hold, Henry Finlay recounts the transformation through the eyes of parliamentarians. Fierce and varied debates take place in which all shades of opinion are represented. Marriage is sacred. Marriage is an economic union. Marriage is a social contract. Women are dependent. Women are equal. Fault must be punished. Indissoluble marriage preserves the family and the foundations of society. Indissoluble marriage destroys people’s lives.

This book, by a leading scholar in family law, breaks new ground in its account of a fundamental change which underpins modern Australia’s attitudes.

Table of Contents

Acknowledgements
Introduction
Foreword - The Hon Elizabeth Evatt AC

PART I: COLONIES AND STATES
CHAPTER 1: The Introduction of Divorce
England
Australia

CHAPTER 2: Reception of Divorce in the Australian Colonies
South Australia: 1858
Tasmania: 1858-1860
Victoria: 1858-1861
Western Australia: 1863
Queensland: 1862-1864
New South Wales: 1861-1873

CHAPTER 3: Divorce Extension and the Waning of Colonial Rule: The More Populous States
Victoria: 1864-1958
New South Wales: 1873-1958

CHAPTER 4: Divorce Extension: The Smaller States
South Australia: 1888-1941
Queensland: 1875-1953
Western Australia: 1897-1957
Tasmania: 1919-1959

PART II: MARITAL RELATIONS IN A FEDERATION: 1901-1975
CHAPTER 5: The Commonwealth Becomes Involved
The Matrimonial Causes Power
The Dobson Bill, A First Attempt: 1901
World War One, A Global Problem: 1919
World War Two - The Problem Grows: 1945
A Step Towards Uniformity: 1955
And another Step-The Joske Bill: 1957

CHAPTER 6: The Commonwealth Takes Over
The Matrimonial Causes Debates: House of Representatives: 1959
The Matrimonial Causes Debates: The Senate: 1959
Marriage and the Constitution: 1962

CHAPTER 7: A Matter of Family Law
The Family Law Debates: The Senate: 1973-1975
The Family Law Debates: House of Representatives: 1974-1975

CHAPTER 8: Some Conclusions and a Forward Glimpse

Cases
Index

"There are several secondary themes that are interwoven through the text. A predominant one is that changing social attitudes in relation to marriage and divorce clearly reflect the changing role of women in society. These changes were obviously incremental and there are many examples of where we are reminded that the law has reflected the lesser status of women in society. Finlay assumes a feminist perspective of legislative reform.

Another interesting aspect to the book is that it traces how Australian marriage laws originally derived from England. However, the social structure of early Australia differed markedly from that of England, and this in turn led our laws to gradually diverge from English law. Finlay determines these community attitudes primarily through a study of the relevant parliamentary debates."

-- Donna Cooper, (2005) 26 Qld Lawyer