Jump to ContentJump to Main Navigation
Philosophical Foundations of Children's and Family Law$
Users without a subscription are not able to see the full content.

Elizabeth Brake and Lucinda Ferguson

Print publication date: 2018

Print ISBN-13: 9780198786429

Published to Oxford Scholarship Online: April 2018

DOI: 10.1093/oso/9780198786429.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 30 October 2020

Heteronormativity in Dissolution Proceedings

Heteronormativity in Dissolution Proceedings

Exploring the Impact of Recourse to Legal Advice in Same-Sex Relationship Breakdown

(p.134) 6 Heteronormativity in Dissolution Proceedings
Philosophical Foundations of Children's and Family Law

Charlotte Bendall

Rosie Harding

Oxford University Press

This chapter explores how heteronormativity, normative ordering of society to correspond with heterosexuality, shapes experiences of dissolution of formally recognized same-sex relationships. We present qualitative data from in-depth interviews with both clients and solicitors with direct experience of civil partnership dissolution. Drawing on insights from legal-consciousness studies, we explore the extent to which legal intervention in relationship breakdown creates an arena of strategy and self-interest. Overall, these data demonstrate the ways in which ‘law’ is conceived of as a product of its actors, rather than as being an entity of ‘the state’. We show that heteronormative understandings of gender roles in relationships have been carried over from (different-sex) marriage into civil-partnership proceedings. We argue that lesbians and gay men retain a level of resistance to this legal heteronormativity that has the potential to have transformative effects on contemporary understandings of the place of gender in marriage.

Keywords:   heteronormativity, civil partnership dissolution, same-sex marriage, same-sex divorce, legal consciousness, gender roles, LGBT

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .