Here are the key points about changes to divorce law and processes of separation and divorce:
- In 1985, changes were made to the Divorce Act that established a "no-fault" system of divorce. The single ground for divorce became "marriage breakdown" which can be evidenced by 1) separation for at least one year, 2) treatment or conduct that makes cohabitation intolerable, or 3) non-consummation of the marriage.
- Separation refers to two spouses living apart without cohabiting in a marriage-like relationship. It requires establishing separate residences and routines.
- Adultery and cruelty remain matrimonial offences but can only be used as evidence of marriage
3. 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?
4. 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?
5. 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
6. 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.
7. Functionalist perspective (stability created by
roles and division of labour)
Traditional (economic, childrearing basis)
Divorce meant suing for “matrimonial offence”
(adultery and cruelty)
8. 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.
9. Divorce is increasingly common
Divorce law decreases the time required to
get a divorce.
10. • Constitution Act
• Marriage and Divorce federally governed
1867 • 1925 – Adultery grounds for divorce (for women)
• Divorce Act -“Marriage Breakdown” after 3 years of separation
• Sharp increase in divorce rates
1968
• Divorce Act – 1 year of separation before divorce.
• “No Fault” divorce
1986 • Sharp increase in divorce rate.
12. One person
requests/initiates
Recognition of
ongoing problems
Denial until
confronted by
request for divorce
Begin shifting energy
to outside roles
13. Plan the break up
Settle child custody
and finances
Notify friends,
family & coworkers
2 new households
14. Establish 2 separate
lives (social,
financial)
Form new social life
as a single person
Negotiate new
parental roles
15. 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?
