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Parental responsibility
The change in divorce laws in the 1960s
Explain parental responsibility
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Divorce is a growing epidemic in Canada and the United States. It affects both parties involved, being the spouses, and also has a profound affect on children of the marriage. Recently our government has been revising the old divorce act. It was apparent that it was time to revise the act because it did not properly protect the children from being caught in the middle of things. Divorce is defined as follows: to dissolve legally a marriage between; separate (one of a married couple) from the other by divorce . The Canadian constitution allows only the federal government to set divorce law. The government of Canada has a divorce act, and because it is a federal law, it applies fully and equally in all parts of Canada and to all Canadian citizens. Divorces begin with an application to the court asking it to declare that there has been a breakdown of the marriage. This application must include paragraphs which refer to where and when the marriage took place, who the children were, who should have custody and why, if there is to be support for one of the spouses paid for by the other, and what is to become of the family property. Certified copies of the marriage certificate and any birth certificates are attached. The claim for support is known as "Corollary relief" and may be for the spouses and/or the children (claims for custody also fall under corollary relief claims). When corollary relief is requested, a financial statement which sets out your families monthly expenses in detail is required. The divorce act requires the court to verify weather there seems to be any chance of reconciliation between the parties. The court may even ask for a marriage councilor to attempt a reconciliation. The divorce act demands the sole grounds for divorce as breakdown of marriage, and provides for three basic ways of proving it: You and your spouse have been separated for one year. Your spouse has committed adultery. Your spouse has treated you with intolerable mental or physical cruelty. The most common grounds for divorce is certainly a one year separation for it is the easiest to prove. There is no such thing as a "legal separation" however while living apart you should be protected by a separation agreement. A separation agreement is a domestic agreement between a separated couple outlining the distribution of the property and other obligations to each other .
Fundamentally the main factors facing a Justice in their decision is the matter of public safety and the harmony of the marriage. Compelling a spouse to testify against their partner is in direct conflict with that ideology. Therefore divorced or legally separated couples do not fall under this category. In R. v. Bailey it was determined that spousal incompetence does not survive divorce. Justice Morden observed that: “The modern policy justification for the rule in question is that is supports marital harmony.
In this day and age there are many variations of what constitutes a couple or family in comparison to many years ago. Long ago the idea of a ‘nuclear family’ was considered the norm; it consisted of the conventional husband, wife and children . But as our society progressed through the years this definition became less conventional and criticisms were made, this definition of ‘family’ did not account for gay unions, soul parents nor did it acknowledge the prevalence of extended family. The definition of family has changed over time, as have the socially defined roles of mothers and fathers. Within these varied family units, situations occur in which divorces and separations take place and a lot of the times these tricky situations may involve children, which can make an already tricky situation even more problematic. There are pieces of legislation which are in place which aim to protect the best interests of a child during the time their parents are going through divorce but sometimes these avenues can be more problematic and ultimately destroy unions whereas other avenues of dispute resolution such as mediation, albeit with its own criticisms, helps to keep relationships afoot in that it provides an opportunity for peaceful and mutual agreements to be made in a more laid back environment.
A century ago, divorce was nearly non-existent due to the cultural and religious pressures placed upon married couples. Though over time Canadians have generally become more tolerate of what was once considered ‘mortal sin’, marital separation and divorce still remain very taboo topics in society. Political leaders are frowned upon when their marriages’ crumble, religions isolate and shun those who break their martial vows and people continue to look down on those who proceed to legally separate their households. With that being said, couples do not just decide to get a divorce for no particular reason. There must be something driving them towards marital dissatisfaction and further, driving them towards divorce.
The Increase in Divorce Rate and Changes in Law A divorce is a legal ending of a marriage between a husband and wife. Divorce rate has increased whenever laws have been passed to make divorce quicker, easier and cheaper and so many people believe that changes in law have led an increase in divorce rate. However, other sociologists argue that changes in law do not cause divorce and that the real reason why people divorce are changing expectations from marriages, the changing attitude of women and declining pressure from family, community and religion against divorce. The 1971 Divorce Reform Act granted divorce on the grounds of 'irretrievable breakdown of marriage' and a divorce can take place after two years of marriage. The 1984 Matrimonial and Family Proceeding Act allowed divorce after 1 year.
Divorce is and has become a major issue in our society, the reason for that has been attributed to the drastic increase in divorce rates over the years. Divorce often disrupts the flow of the family structure, increases discord, and affects how family issues are handled. Families dealing with divorce are often times in a state of complete confusion and disorder, and filled with frustration, anger, and pain. Power struggles between spouses, which often times spread to the children if there any increase as the addiction worsens. There is a growing concernment among those in different fields like Social Work, Academia, and Mental Health in the United States, other countries, who have taken an interest in how divorce is readjusting
Divorces are easy to obtain in the United States but the decision needs to be carefully examined. According to statistics, “divorce makes sense in the 10 percent to 15 percent of troubled marriages that involve high-level and persistent conflict with severe abuse and physical violence” (Dafoe 1). In the other 85 to 90 percent of marriages, the marriage can and should be reconciled. Many couples simply take the easy way out, find a lawyer, and end the marriage without ever trying to examine whether or not a conclusion can be reached other than divorce.
First, the Halackah requires a Get (bill of divorcement), which limits the possibility of a rash, thoughtless divorce (Biale p.6). Second, the Talmud introduces a number of grounds where a woman can seek a divorce. She must appeal to a Beit Din to compel him to divorce her (B. p.6). Furthermore, post-biblical Halackah introduces the Ketubah, which gives financial assurances to women in case of a divorce (B. p.6). Finally, in the Middle ages, the ban of Rabbenu Gershom forbids divorcing a woman against her consent (B. p.6).
Currently the divorce law in England and Wales operates a fault-based system whereby the court grants a divorce if a person can prove that their marriage has broken down. The break down in the marriage can only be due to one of the following five reasons – adultery, unreasonable behaviour, desertion after two years, two years' separation with consent or five years' separation without consent. These requirements were established in the case of Buffery v Buffery [1988] 2 FLR 365.
Except for reasons based on life threatening situation, infidelity, and physical abuse; all other reasons for divorce should be critically scrutinized. For instance, why should the choice of food be a basis for divorce? This is not to say that some marriages will not end in divorce, but the obvious thing is that most couples seek divorce for the wrong reasons, thereby bringing untold hardship on their children in the end. In like manner, the populace needs to be informed on the statistics of divorce, the potential adverse effect it has on the children, and records of the misdemeanor that is associated with divorce. This is a good way to appeal to people’s emotion and also get them involved in the campaign against
Until 1961, each state had its own law to deal with divorce and related issues such as property, maintenance, custody and access. Then the Matrimonial Causes Act was introduced and for the first time there was one law throughout Australia covering divorce. The FLA (Family Law Act) replaced the Matrimonial Causes Act. The Family Law Act 1975 has the power to make laws with regards to marriage, divorce and “matrimonial causes”.
This procedure enables the court to grant a divorce based on affidavit evidence without the need for the parties to appear before the court. It transforms the divorce law into more of an administrative than a judicial process. The consensual nature of joint application certainly reduces stress caused by the divorce proceedings. Further, unlike petitioning for divorce on the ground of adultery or unreasonable behavior under section 11A(2), the parties need not argue before the court and prove that the spouse is blameworthy. Joint application divorce reduces the cross-allegations between parties and therefore minimizes bitterness, distress and humiliation during the divorce
Through this Act, a couple had to meet the grounds for divorce and wait 5 years to obtain a divorce. However, the introduction to the Family Law Act 1975 (Cth) in 1975 saw the concept of divorce change, particularly how it was dealt with. The Family Law Act 1975 (Cth) introduced ‘no fault’ divorce, which meant that
The intention of remaining permanently separated from the other must be seen from the guilty party. In the case of Miller v Miller , an original involuntary separation could be converted into desertion by the formation of an animus deserendi by the respondent when it was physically impossible for her to join the petitioner. Since all that must be proved is the fact of separation. It was irrelevant for this purpose that the spouses were forced to live apart and therefore could not live together even if they wished to do so. Even though there was de facto separation, there would be no desertion unless the guilty spouse had the intention of remaining permanently separate from the
In the world we live in today, divorce has unfortunately become a normal thing in our lives. Many married couples are getting divorced for many reasons; problems in the marriage, either a spouse having an affair, a loss of feelings, and many other types of complications. Many divorces involve children who are young and due to their age do not understand what is really going on. We all know someone who has dealt with divorce. Children are the ones who are typically affected the most by the divorce and they will have to learn to cope with their parent’s divorce at such a young age, affecting them in positive or negative ways.
Before considering the main issue of ancillary relief, we need to first understand the meaning of a divorce. A marriage can be terminated by divorce and this will establish a new relationship between the parties, including the duties, obligations, support responsibilities towards each other and any children in the family.