HHS 4M1 - Divorce in CanadaPresentation 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.
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?