HHS 4M1 - Divorce in Canada

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  • 1. Sociological Trends and Legal Changes
  • 2.  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?
  • 3.  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?
  • 4.  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
  • 5.  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.
  • 6.  Functionalist perspective (stability created by roles and division of labour) Traditional (economic, childrearing basis) Divorce meant suing for “matrimonial offence” (adultery and cruelty)
  • 7.  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.
  • 8.  Divorce is increasingly common Divorce law decreases the time required to get a divorce.
  • 9. • 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.
  • 10. Awareness, Separation,Reorganization
  • 11.  One person requests/initiates Recognition of ongoing problems Denial until confronted by request for divorce Begin shifting energy to outside roles
  • 12.  Plan the break up Settle child custody and finances Notify friends, family & coworkers 2 new households
  • 13.  Establish 2 separate lives (social, financial) Form new social life as a single person Negotiate new parental roles
  • 14.  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?