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Divorce in Canada
 

Divorce in Canada

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    Divorce in Canada Divorce in Canada Presentation Transcript

    • Sociological Trends and Legal Changes
    •  Nearly 30% of new couples are meeting online. (TIME Magazine, 2010) Facebook cited in 33% of divorce petitions (applications). (UK study, 2011) What is it about social media/online dating that creates such positive and negative circumstances for couples?
    •  Why you think social media poses such a threat to married couples, specifically those having marital problems? Do you think this “online” problem will persist for married couples in the future? Why?
    •  When marriage does not meet the expectations of 1 or both partners. Lack of marital satisfaction Rates fluctuate as a result of Social and Moral values Today: controlled by religion and government
    •  Ancient Romans – purely family concern, rather than state governed. ◦ Very attainable, happened frequently Early Christians (11th-12th cent) ◦ First consideration from a religious standpoint. Catholic Church – Marriage as a Sacrament ◦ Marriage as a sacred rite, spiritual importance. ◦ Divorce was the breaking of something sacred.
    •  Functionalist perspective (stability created by roles and division of labour) Traditional (economic, childrearing basis) Divorce meant suing for “matrimonial offence” (adultery and cruelty)
    •  Romance as the basis for marriage. Assessment of satisfaction = how happy are you? Divorce treated as “marriage breakdown” Divorce law reflects love and companionate purposes of marriage.
    •  Divorce is increasingly common Divorce law decreases the time required to get a divorce.
    • • Constitution Act • Marriage and Divorce federally governed1867 • 1925 – Adultery grounds for divorce (for women) • Divorce Act -“Marriage Breakdown” after 3 years of separation • Sharp increase in divorce rates1968 • Divorce Act – 1 year of separation before divorce. • “No Fault” divorce1986 • Sharp increase in divorce rate.
    • Awareness, Separation,Reorganization
    •  One person requests/initiates Recognition of ongoing problems Denial until confronted by request for divorce Begin shifting energy to outside roles
    •  Plan the break up Settle child custody and finances Notify friends, family & coworkers 2 new households
    •  Establish 2 separate lives (social, financial) Form new social life as a single person Negotiate new parental roles
    •  In 1985 what changes were made to the Divorce Act? What is the “single ground” for divorce? What three conditions can give reason for divorce? Define separation. Outline the conditions surrounding the process of separation. Adultery and cruelty are still considered to be “matrimonial offences”. Outline how these offences can and cannot be used as grounds for divorce. What kind of evidence is needed to prove the presence of adultery or cruelty? Why are these “offences” treated differently?
    • What can these artworks tell usabout divorce as alegal, emotional and physicalprocess?
    • The Legal and the Real
    •  Divorce doesn’t end on paper or in court After legal divorce there are emotional and practical issues to cover Consequences are complex, and so are they emotions New individual developmental tasks
    •  Arrangements for property, possessions, children and spousal support
    •  Legal action taken to keep the peace, protect yourself, children and property.
    •  Only when disagreements cannot be resolved. Law imposes a decision on the situation.
    •  If kids are involved, Judge will consider both partners’ requests. Reasonable? Supported?
    •  Don’t expect too much from legal divorce Finalization won’t solve all problems Setting themselves up for frustration or disappointment
    •  The reality and feelings that hit post-divorce Dealing with: ◦ Feelings ◦ Finances ◦ Friends and Family
    •  Ending one life, beginning another Breaking old patterns New Balance
    •  Breaking emotional bonds Habits and dependencies that connect you to your spouse. Letting Go: anger, guilt, blame, fear, resentment, tension. Achieve neutral view of ex-spouse Self-confidence and new openness.
    •  Mind and body cannot be separated! Internalized stress and feelings cause physical symptoms Tension, stress, anxiety lead to illness Rates of suicide, accident victims & physical illness
    •  Listen to your body Indicator of mental and emotional heath
    •  “taking care of business”, making ends meet. Safety, security, stability for you & children Financial realities for men and women
    •  Greater earning  Lower earning potential potential More likely to remarry  Less likely to remarry  More likely to have Higher standard or custody living  Very low standard of living Men Women
    •  10% of those divorced feel that their life is better. 20% feel that quality of life is significantly worse.
    •  A legal contract Summarizes obligations to one another Finances, property, children Can be made before of after marriage Promises to each other.