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Lecture 10

LS 101 Lecture 10: Module 10 - Family Law and Social Policy-Marriage and Divorce Laws

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Legal Studies
LS 101
Patrick Watson

Module 10: Family Law and Social Policy: Marriage and Divorce Laws The Sacred Concept of Marriage: Marriage is a contract with God and one that is permanent Requires selfsacrifice since the individual desires are secondary to the obligations to God Emphasis on duty, responsibility, sacrifice, and rigid conformity to Church laws The Social Concept of Marriage: Emphasis on conformity to community norms and the demands of ones family and kinship network The Personal Concept of Marriage: One must give priority to individual rights, needs, and desires Marriage is a personal decision made free from the control of the Church and family People are free to choose their own mate and can marry across any racial and ethnic boundaries Jurisdiction over Marriage and the Family: Divorce Act is a federal legislation Divorces are heard in superior courts Provinces have the power to solemnize a marriage Issues of custody, property disputes, and support are heard in provincial courts unless in the context of a divorce Defining Marriage: A legal, social, moral, and religious contract between two consenting adults involved in a conjugal relationship Regulated thrown customs, norms, values, and laws Commonlaw marriages: o Conjugal relationship where no legal marriage has taken place o A spouse for support as either a married person or a couple living together continuously for 5 years or within a relationship of some permanence where there is a child norm and they have cohabited within the preceding year Bill C38: legalization of samesex marriages Marriage must be solemnized by a Judge, Justice of the Peace, or someone authorized by the provincial government. Churches do not have the right to marry unless authorized. Five Characteristics of Marriage: (1) Marriage is a socially legitimate sexual union (2) Marriage is a public affair and must be publicly registered (3) Marriage is undertaken with some idea of permanence
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