Textbook - Chapter 10 (Coming Apart - Divorce Experience)

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University of Guelph
Family Relations and Human Development
FRHD 1020
Sarah Murray

Class FRHD1020 Couple and Family RelationshipsProfessorS MurrayTextbookThe Family DynamicA Canadian Perspective Fifth EditionAuthorsMargaret Ward and Marc BelangerPublisherNelsonISBN 9780176502003Chapter 10 Coming ApartThe Divorce ExperienceLearning ObjectivesTo place divorce in historical perspectiveTo consider the causes for divorceTo look at the developmental stages of divorce and its relationship to the family life cycleTo describe the three crises of divorceemotional economic and parentalTo examine the effects of divorce on childrenTo consider issues around the custody of childrenDivorcethe legal dissolution of a marriageDivorced families add two or three phases to the life cycle separation perhaps remarriage and finally stabilization in a new family patternA SHORT HISTORYMarriage was a way to unite families providing stability for society Divorce was only for grave reasons biological descent for inheritance means adultery was a threat but cruelty was considered part of family life Laws were strongly influenced by the Church of England in Upper Canada Ontario and the Roman Catholic Church in Lower Canada Quebec Neither church recognized divorce so no divorce law existedNew Brunswick allowed divorce in 1758 on grounds of adultery and desertion 1787 Nova Scotiaadultery Though we do not know how many were grantedConfederation in 1867 federal Parliament gained exclusive authority in matters of divorce but allowed existing provincial laws to stand or changeDivorce process was long and expensiveDeserting family was easier than going through a legal divorce1925 on women could sue on the same grounds as men for divorce By 1968 all provinces except QC and NF had divorce laws with adultery basically sole grounds for divorce Immediately after WWII divorce rate jumpedPeople married in increasing numbers The few divorcerelated bills that were introduced in the House of Commons or the Senate in the 1940s did not pass1960s saw much change 1966Special Joint Committee of the Senate and House of Commons on divorce held many hearings Church had changed position RCCmembers could vote according to their conscience Anglican and UCC included marriage breakdown as acceptable cause for divorceBill C187 introduced nofault principle of marriage breakdown as legitimate ground for divorce both nofault and fault grounds were equally available to husbands and wivesTransferred jurisdiction for all divorces to the courtsJuly 2 1968 new divorce law received royal assent1985 amendments to law led to another jump in divorce rateReduced waiting period for divorce on grounds of marriage breakdown to one year could petition jointly for divorce Separation of cohabitors probably more common than divorceNow more than ever more people aged 5074 have been divorced than never married at allTable 101Divorces in CanadaYearNumber of Divorces19215581941246219616563196811343196926093
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