History of divorce and custody
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
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
□ 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
Suffragetteestablished family courts which made divorce accessible to
Divorce was secularized as well as marriage. You did not have to religious
However, women still need to prove their husbandscommitted in
aggravated adultery, vice versa wife-simple act adultery
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
Women started to have rights like controlling their wage and property Women started to have rights like controlling their wage and property
However, divorce was a horrible social stigma. Despite the fact that
marriage was horrible for women, women avoid getting divorce June-07-12
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
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