Even in the 21st century marriage enjoys overwhelming popularity. But why? Is it for  love, children, property, sex, social stability, or all of the above?

In this episode of Breaking Up Is Hard to Do, Michael Brown talks with renowned historian of marriage Stephanie Coontz,  who has most recently publised  For Better and Worse: The Complicated Past and Challenging Future of Marriage  .

For most of human history, marriage was not primarily about romantic love. It was an economic, political and social institution — a way of joining families, securing property, producing heirs and organising society. So when did love enter the picture, and how did marriage become the relationship we recognise today?

Stephanie takes us on a fascinating journey traversing  marriage through the ages - from pre-historic tribal bands, to the rise of romantic love and on to the "traditional " marriage of the the post WWII period. We explore the  changing expectations of husbands and wives, divorce, gender equality and the modern idea of marriage.

A fascinating historical perspective on an institution that has changed enormously, but remains at the centre of family life — and family law.

How does Islamic family law operate alongside Australia's legal system? What role do imams play when Muslim couples separate? And what happens when religious and civil understandings of marriage and divorce do not align?

In this episode of Breaking Up Is Hard To Do – Love, Law and the Family Court, host Michael Brown speaks with Tamara Al-Hashimi, an Australian family law solicitor with extensive experience acting for Muslim clients.

Together they discuss:

• How Islamic family law works in practice.
• The interaction between Islamic law and the Australian Family Law Act.
• Religious divorces, civil divorces and why both may be important.
• Practical issues faced by Muslim women navigating separation in Australia.

Tamara provides valuable insights from legal practice, explaining the real-world issues lawyers, judges, religious leaders and families encounter every day.

In this episode of Breaking Up Is Hard to Do, Michael Brown speaks the Hon Elizabeth Evatt, first Chief Justice of the Family Court about the creation of the court, the introduction of no-fault divorce, and the social changes that reshaped Australian family law. Justice Evatt reflects on being the first woman to lead an Australian court, the original vision of the Family Court as a less adversarial “helping court,” and the challenges of balancing legal reform with public resistance and limited resources.

The conversation also explores the traumatic Family Court bombings of the 1980s, the impact they had on the judiciary, and Justice Evatt’s broader work on women’s rights, equality, and social reform through the Royal Commission on Human Relationships. 

In this episode, I speak with The Hon Michael Kirby about the life and legacy of Lionel Murphy—architect of no-fault divorce and a transformative figure in Australian law.

Murphy’s role in creating the Family Law Act 1975 reshaped how Australia understands marriage and separation. His judicial philosophy, once seen as radical, helped redefine the place of rights, equality, and social change in the law.

Justice Kirby, who knew Murphy personally, reflects on his reforming vision, the controversies that followed him, and his lasting influence. 

In this episode, we examine the life and career of Lionel Murphy — from barrister and Labor senator to Attorney-General in the Whitlam Government and later a Justice of the High Court.

The episode covers his role in major legal reforms of the 1970s, including the introduction of no-fault divorce and the creation of the Family Court, as well as the controversies that emerged later in his career.

Featuring interviews with Cameron Murphy MLC  and academic Dr Ryan Kernaghan.

Join us next month for an interview with the Hon Michael Kirby, former Justice of the High Court of Australia, about his friend and mentor, Lionel Murphy.

In 1976, Australia conducted a quiet social revolution.

The doors of the newly created Family Court of Australia opened for the first time, and with them came a radical idea: that marriage should end without blame.

No fault. No moral inquest. No public humiliation.

But did that make breaking up any easier?

In this opening episode, Michael Brown  takes listeners back to 6 January 1976, the beginning of Australia’s bold experiment in modern family law.

This episode begins a broader series examining  Family Law  — its history, its social context, its  ideals, its critics, its unintended consequences, and the deeply human stories that unfold when love ends and law begins.

Because breaking up is still hard to do.