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SOC 605
Kelly Train

History of divorce and custody June-07-12 1:02 AM 1) Divorce Law a. Pre 1753-  The law except for Quebec were all based on British law. However, we started to see Canadian presence shortly after 1749.  There wasn’t any divorce law  The only person was allowed to get divorced Henry VIII. All of his male children did not survive, this is the way he kept changing his wives. He needed get divorced. However. Catholic church, in particularly Pope, owned everyone and monarchs had to report and pay taxes to Pope. When Henry went him to get a permission to get divorced, Pope turned him down. This is the major reason why, he was appauled by the fact that someone told him what to do. He pointed himself as Anglican church. However, he was the only one who had a right to divorce. Which is why there is no divorce.  There is no question about legitimacy or illegitimacy b. 1753-1857  Divorce was private active parliament which meant you had to know people who occupied parliament.  Available was only elite,  It was only for you and your particular circumstances- i.e. you are extremely wealthy □ However, you needed to prove  Your wife was committed to simple act of adultery- you wife must supposedlycheat on you. In fact, even rumor made it appear to be true.  Husbands had committed in aggravated act such as sodomy- code word for homosexual act-, incest, rape- it did not mean that your husband rape you, it meant that your husbands raped a virgin c. 1857-1870  Suffragetteestablished family courts which made divorce accessible to middle class  Divorce was secularized as well as marriage. You did not have to religious marriage ceremony.  However, women still need to prove their husbandscommitted in aggravated adultery, vice versa wife-simple act adultery d. 1871-1910  This is the period known as Victorian era  Women lost any kind of power they had. When you got married starting from Victorian era, it was considered civil dead for women. Women lost their property rights, husbands had the right to control women's legal rights and wage.  I.e. calling women such as Mrs. George Bush- diminishing women's identity  There was no possibility for divorce- because they eliminated the all kinds of divorce to reinforcepatriarchy and nuclear family e. 1925-1968  Women started to have rights like controlling their wage and property  Women started to have rights like controlling their wage and property rights  However, divorce was a horrible social stigma. Despite the fact that marriage was horrible for women, women avoid getting divorce June-07-12 1:52 AM 2) Reason for divorce a. Ideological change- Thomas Main argument about men's choices and rights based on white, upper class men. In 1774, Marry wistencroft was respondingto Thomas by arguing women's were rational beings. This ideological change began to appear. Eventually100 years later, women with suffergate, had to cast vote b. Women's right- we started to see demands for equal rights. Respectively they had a voting right c. Socioeconomic change-Growth of service sector, welfare state and creating jobs for women allowed firstkind of socioeconomic change. Although these jobs were low paid, and part-time jobs. Women started to earn some money d. Women's employment- second wave of feminist-economic independencefor women. Feminists stated when women started to gain greater economic independency, that allows them not to stay with oppressive partner. Structural functionalistsaw this as a threat for social order and nuclear family. Because, women now were not getting married. 3) Divorce Acts a. 1968- The purpose was there was a huge public demand for divorce i. Divorce became availableto mass ii. However, the separation contract was problematic- this was where legal fees were out of control iii. You needed to be separated for three years. iv. The petition for divorce- which is the final step for divorce- in fact, nobody wanted to get the fault. v. Somebody had to be blamed for divorce. You had two choices: 1) Fault - if you decided to check this, you needed to fill in some subcategory- adultery, bestiality, sodomy, rape, homosexual act - separation agreement was available to public. Thus, peopledid not want to check one of these boxes Women got the half of the house and alimony- supposal support till she would get
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