SDS353R Lecture 5: The Evolution of Family Law – January 20th

• School: University of Waterloo
• Department: Social Development Studies
• Course: SDS353R
• Professor: Catherine Briggs

Document Summary

The evolution of family law january 20th. England did not allow divorce in the 1800s: only by legislative divorce started in the late 1600s by an act of parliament, mostly for the elite. English divorce act 1857: allowed to divorce before the court in order to get a divorce. Women had to proof adultery and other matrimonial fault such as incest considered more serious. Posed a greater threat to the matrimonial unit. Constituted a violation of a mans property. Men only had to prove adultery considered less serious. Legislative divorce (federal: only really open to the elite. Belief that a stable marriage and family leads to a stable nation. Upper canada/ontario: legislative decree, divorce is limited and inaccessible. Manitoba, northwest: divorce only by federal legislative decree.