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February 13, 2013 notes.docx

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York University
Social Science
SOSC 1350
Julie Dowsett

February 13, 2013 SOSC 7 Marriage & Divorce part 2 3a started in 1800s Feminization of property became visible in cities Feminists and reformers, legislation that will make men support women Introduced act women who got married, would not lose their property (both spouses can have and dispose property) 3b first time a legal obligation offered separation for heterosexual couples Did not apply to married couples until WWII 3ci marriage and divorce now can be handled by gov’t Provinces had their own act before 3cii BC, Nova Scotia and Ottawa 3ciii you need a lot of money and time as well as going to Ottawa for a divorce (therefore only rich people got divorce) 3civ husband could rape, dishurt wife, had another women (mistress) for divorce Men can have multiple women Before common for men to have multiple wives 3civ to create certainty for children, men would commit adultery Permitted women to sue for adultery eliminated this double standard 3d maternal feminism , men and women are different but complimentary in nature Supposedly, masculine traits were to protect family, feminine traits about nurturing family Maternal feminists believed that women were subordinate to men because their central role as mothers were not recognized Those feminists embraced ideology of motherhood, felt motherhood was a sacride institution From 1800 onward, those feminists fought for rights for those angelic women Abandon of the unity doctrine (where men owned women like property) Introduced that husband who left her, gov’t helped abandon married mothers but upholding motherhood maternal feminist entrenched within the law a definition of the family based on heterosexual marriage and a gender division of labour, and still exists today 4a were based on the English common law rule, men were the sole legal guardian Very limited in cases were mothers could become legal guardians Mothers had no legal right to custody and visitation ^ many cases where the father consent, but the documents were unenforceable Engels states that children were “natural property” and women were “property” Engels starts that fathers “continues after death so he may appoint guardianship to his children” 4b this act did offer a small chance of custody rights for women Allowed women a certain small degree of access to divorce, as long as the wive does not commit adultery Women were only able to obtain custody of children under the age of 7 Important because went from fathers being sole guardians now parental guidance 4c where fathers needed their children for labour Children need to be trained by “firm hand” (strong) and women were seen as weak Then paternal reference was replaced 4d replaced with tender years doctrine, for a child principle More oriented to the best interest of the child These “tender years” was not defined legal, age birth til 7 or birth til 12, where placed with the mother, those who are older than that, they were put with the same sex (girl go with mother, boy goes with father) 4e changed in 1985, but any suggested that the divorce act, is like the tender years doctrine, but was gender neutral and no age limit 5a where the women had no property rights Seprtate proterty rights exist, all marital property is shared with the spouses Concept of property has expanded, like academic degrees or pension First time adultery, no fault divorce was introduced, and couple can divorce after one year of sepration 5b this case about a sepration of a couple, the wive Irene, did a lot of labour on the farm and the family, but mainly on the farm She sued for half the assets, and the supreme court said that she did not make any finical contribution, and she cannot receive any property and belonged to the husband ^ consided to be “his” property and that she was doing what every “wife” was doing Now they start to challenge the act for property rights 5c the propert rights were not supportive on women only men 5d had gender neutrality in the law Before it was just the husband owning the property Sexual double standards, and women can seek divorce in more than just adultery (like domestic violence) 6a the term neoliberalism like a
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