SE 26/OCT 5 Flashcards
Divorce:
The Legal Environment
1800s
-marriage was a ‘transfer of c_______l’ from father to
husband
-in return, dowries, heirs and protection may have been
offered
Divorce:
The Legal Environment
1800s
-marriage was a ‘transfer of chattel’ from father to
husband
-in return, dowries, heirs and protection may have been
offered
Divorce:
The Legal Environment
1800s
-consent of couple assumed, but c________n did occur
e.g., giving away of bride by father
-because it was a type of c_________l transaction, the
break-up of the marriage required renegotiation of
terms
e.g., the suing of the husband of 3rd party (male) for
having adulterous relationship with wife
Divorce:
The Legal Environment
1800s
-consent of couple assumed, but coercion did occur
e.g., giving away of bride by father
-because it was a type of commercial transaction, the
break-up of the marriage required renegotiation of
terms
e.g., the suing of the husband of 3rd party (male) for
having adulterous relationship with wife
Divorce: The Legal
Environment-continued
Today_
- moved toward ‘no ______t’ settlement basis
- abandoned the ‘assessment of __________s’1- Demonstrate marriage breakdown
2- Settle _________l obligations
Divorce: The Legal
Environment-continued
Today_
- moved toward ‘no fault’ settlement basis
- abandoned the ‘assessment of damages’1- Demonstrate marriage breakdown
2- Settle financial obligations
Divorce: The Legal
Environment-continued
Today_
3- Settle custody and residency arrangements for \_\_\_\_\_\_\_r children 4- Divide the a\_\_\_\_\_s 5- Divide future i\_\_\_\_\_\_e
Divorce: The Legal
Environment-continued
Today_
3- Settle custody and residency arrangements for minor children 4- Divide the assets 5- Divide future income
Early History of
Divorce in Canada
Pre-Confederation, Upper Canada
inherited from ________ law; influenced by Church
of England
1st divorce granted in 183_
until 1867, only 7 petitions for divorce; 5 granted
special application to legislature required
typically only provided to men whose wives had
committed ________y women applicants would have
to prove that their husbands committed adultery
AND some other serious crime such as incest or
bigamy
Early History of
Divorce in Canada
Pre-Confederation, Upper Canada
inherited from British law; influenced by Church
of England
1st divorce granted in 1839
until 1867, only 7 petitions for divorce; 5 granted
special application to legislature required
typically only provided to men whose wives had
committed adultery women applicants would have
to prove that their husbands committed adultery
AND some other serious crime such as incest or
bigamy
Early Histor of
Divorce in Canada
Pre-Confederation, Upper Canada (continued)
Strict divorce laws and limited access led to:
oCouples living ______t
Some reached own agreement about property, custody
o L__________n-alimony
o Desertion
Early Histor of
Divorce in Canada
Pre-Confederation, Upper Canada (continued)
Strict divorce laws and limited access led to:
oCouples living apart
Some reached own agreement about property, custody
oLitigation-alimony
oDesertion
OHigh rates of bigamy persecution
0Travel to the US or other jurisdictions for legal divorce
0More sinister means
Early Histor of
Divorce in Canada
Pre-Confederation, Upper Canada (continued)
Strict divorce laws and limited access led to:
OHigh rates of b_____y persecution
0Travel to the US or other jurisdictions for legal divorce
0More sinister means
Early Histor of
Divorce in Canada
Pre-Confederation, Upper Canada (continued)
Strict divorce laws and limited access led to:
OHigh rates of bigamy persecution
0Travel to the US or other jurisdictions for legal divorce
0More sinister means
Early Histor of
Divorce in Canada
Pre-Confederation, Upper Canada (continued)
Men had all the power in marriages
-determining wife’s w__k
-refusing wife’s request to leave home/see r_______s
-not required to pay compensation if his a____e led to
wife’s injury
Early Histor of
Divorce in Canada
Pre-Confederation, Upper Canada (continued)
Men had all the power in marriages
-determining wife’s work
-refusing wife’s request to leave home/see relatives
-not required to pay compensation if his abuse led to
wife’s injury
Early Histor of
Divorce in Canada
Pre-Confederation, Upper Canada (continued)
Men had all the power in marriages
- man could not be criminally convicted for r_____g his wife
- man had right to wife’s w____s
- his sexual indiscretions not viewed as critically as wife’s
Early Histor of
Divorce in Canada
Pre-Confederation, Upper Canada (continued)
Men had all the power in marriages
- man could not be criminally convicted for raping his wife
- man had right to wife’s wages
- his sexual indiscretions not viewed as critically as wife’s
Early Histor of
Divorce in Canada
Pre-Confederation, Upper Canada (Maritimes)
____ ______ and __ ___________ were the “divorce
capitals of 19th century Canada”
-perhaps owing to influence of New England laws
Matrimonial courts established to hear petitions for
divorce based on:
adultery, impotence, frigidity, cruelty (only in
NS) and willful desertion
Early Histor of
Divorce in Canada
Pre-Confederation, Upper Canada (Maritimes)
Nova Scotia and New Brunswick were the “divorce
capitals of 19th century Canada”
-perhaps owing to influence of New England laws
Matrimonial courts established to hear petitions for
divorce based on:
adultery, impotence, frigidity, cruelty (only in
NS) and willful desertion
Divorce: Post-Con e eration
18__: Divorce laws now within ______l jurisdiction
but no legislation drawn up so __________s
continued to oversee the policy and process
Divorce: Post-Con e eration
1867: Divorce laws now within federal jurisdiction
but no legislation drawn up so provinces
continued to oversee the policy and process
Divorce: Post-Con e eration
18__: first woman to be granted divorce upon the
ground of adultery alone
-but a divorced woman was stigmatized, ostracized,
denied positions/work and often lived in poverty
-most women therefore did not pursue divorce and
many stayed in unhappy and often abusive homes
Divorce: Post-Con e eration
1888: first woman to be granted divorce upon the
ground of adultery alone
-but a divorced woman was stigmatized, ostracized,
denied positions/work and often lived in poverty
-most women therefore did not pursue divorce and
many stayed in unhappy and often abusive homes
Divorce 100 ears
post-Confederation
-passage of the Divorce Act (19__)
further amended in 1985
-first same-sex divorce in Canada in 20__
Divorce 100 ears
post-Confederation
-passage of the Divorce Act (1968)
further amended in 1985
-first same-sex divorce in Canada in 2004
Divorce 100 ears
post-Confederation
-Charter of Rights and Freedoms (1982)
Policies have resulted in:
-increased ________e rates
-increased complex ________e-family arrangements
We live/married longer, therefore relationships more time at risk
Divorce 100 ears
post-Confederation
-Charter of Rights and Freedoms (1982)
Policies have resulted in:
-increased divorce rates
-increased complex multiple-family arrangements
We live/married longer, therefore relationships more time at risk
Court Decision
Seduction and Alimony
197_ : S_________n law repealed
Court Decision
Seduction and Alimony
1978 : Seduction law repealed
Court Decision
Seduction and Alimony
1970s-1980s: Division of Assets
Court Decision
Seduction and Alimony
1970s-1980s: Division of Assets
Court Decision
Seduction and Alimony
199_: A________y granted based on ‘lost prospects’
Court Decision
Seduction and Alimony
1992: Alilmony granted based on ‘lost prospects’
Property Division:
The Murdoch Case
Alberta couple , Irene and James Murdoch, 1970s
Irene petitioned for half the interest in the family ranch
but ranch was in husbands name
Irene did not contribute to purchase of ranch
Supreme Court denied her application in 1975
“her labour was not more than what
would be expected of a rancher’s wife”
Feminist lawyers outraged and organized to address the decision provoked changes in matrimonial property law
Property Division:
The Murdoch Case
Alberta couple , Irene and James Murdoch, 1970s
Irene petitioned for half the interest in the family ranch
but ranch was in husbands name
Irene did not contribute to purchase of ranch
Supreme Court denied her application in 1975
“her labour was not more than what
would be expected of a rancher’s wife”
Feminist lawyers outraged and organized to address the decision provoked changes in matrimonial property law
Court Decisions —C ody
2/3 of all Pivorce cases in 2008 involving custody issues
were settled ____ of court
-of those settled in court, the court gave custody to
________ in 45% of cases; in 47% of cases , joint
custody was awarded
Court Decisions —C ody
2/3 of all Pivorce cases in 2008 involving custody issues
were settled out of court
-of those settled in court, the court gave custody to
mothers in 45% of cases; in 47% of cases , joint
custody was awarded
Court Decisions —C ody
2/3 of all Pivorce cases in 2008 involving custody issues
were settled out of court
-sole custody to one parent is generally only awarded
where children are o_____r and request
placement witn one parent over the other
Court Decisions —C ody
2/3 of all Pivorce cases in 2008 involving custody issues
were settled out of court
-sole custody to one parent is generally only awarded
where children are older and request
placement witn one parent over the other
The Fallout of
Divorce and Separation
Separation is a social process of relationship dissolution
Diyorceis a legal process of marriage dissolution
Divorce does not cause suffering and hardship directly;
Divorce is the civil legal system address of separation
which is the primary or secondary cause of stress
-also economic consequences and stigma
The Fallout of
Divorce and Separation
Separation is a social process of relationship dissolution
Diyorceis a legal process of marriage dissolution
Divorce does not cause suffering and hardship directly;
Divorce is the civil legal system address of separation
which is the primary or secondary cause of stress
-also economic consequences and stigma
Reginald Bibby:
The Effects of Family Separations
-social strain with relatives who disapprove
-decreased quality of s______l and w______e performance
of former spouses and children
-negative emotional impacts
-financial hardship
_/10 respondents said however that they were happier
separated than when they were together with spouse
-impacts on children: felt life was harder; felt they didn’t
have enough money; feelings of inferiority,
embarrassment, and poorer school performance
Reginald Bibby:
The Effects of Family Separations
-social strain with relatives who disapprove
-decreased quality of school and workplace performance
of former spouses and children
-negative emotional impacts
-financial hardship
9/10 respondents said however that they were happier
separated than when they were together with spouse
-impacts on children: felt life was harder; felt they didn’t
have enough money; feelings of inferiority,
embarrassment, and poorer school performance
Lone Parent Family &
the Recombined Family
In even earlier times, single-parenting was often the result of the death of a spouse; in contemporary times, it is most often the result of separation
1984 Census found that 18% of women had been lone-
parents at least once
-average duration of lone -parenthood: —_ years
Single ______s with dependent children are consistently
among the poorest of Canadians
Lone Parent Family &
the Recombined Family
In even earlier times, single-parenting was often the result of the death of a spouse; in contemporary times, it is most often the result of separation
1984 Census found that 18% of women had been lone-
parents at least once
-average duration of lone -parenthood: —5 years
Single mothers with dependent children are consistently
among the poorest of Canadians
Major ChaIlenges of Lone-Parenting
•C_____d care challenges (expenses, availability,
transport)
•Lack of s______s and training
•The employment practices of Canadian employers
Major ChaIlenges of Lone-Parenting
•Child care challenges (expenses, availability,
transport)
•Lack of skills and training
•The employment practices of Canadian employers
Major ChaIlenges of Lone-Parenting
- Adequacy and affordability of ________
- The long-term effects of chronic s_____s
- Lack of emotional and social support
Major ChaIlenges of Lone-Parenting
- Adequacy and affordability of housing
- The long-term effects of chronic stress
- Lack of emotional and social support
Stepfamilies and Blended Families
Lack of solid information on these families in Canada
-government doesn’t collect information on family
history in their surveys
-many families, are content with people not
knowing and avoiding the potential s______a that comes
with stepfamilies in Canadian society
—50% of current stepfamilies = __ with children and new partner
Stepfamilies and Blended Families
Lack of solid information on these families in Canada
-government doesn’t collect information on family
history in their surveys
-many families, are content with people not
knowing and avoiding the potential stigma that comes
with stepfamilies in Canadian society
—50% of current stepfamilies = mom with her children and
new partner
Stepfamilies and Blended Families
Lack of solid information on these families in Canada
—_0% of current stepfamilies= dad with his children and new
partner
—40% of current s___________s = blended
Stepfamilies and Blended Families
Lack of solid information on these families in Canada
—10% of current stepfamilies= dad with his children and new
partner
—40% of current stepfamilies = blended
Bibby Study on
Stepfamilies
Most stepparents report that it was/is a good experience
and that they got along well with their step-children
Most stepchildren report poor relationships with their
step________s and almost half reported poor relationships
with stepparent. Most adults who were stepchildren report that there was
s_____n in the combined family arrangement
Bibby Study on
Stepfamilies
Most stepparents report that it was/is a good experience
and that they got along well with their step-children
Most stepchildren report poor relationships with their
stepsiblings and almost half reported poor relationships
with stepparent. Most adults who were stepchildren report that there was
strain in the combined family arrangement
Recent Developments
Laws still catching up: e.g., same-sex divorce & custody
Recent case reintroduced ‘f_____t’ in divorce:
-woman claimed that she still required a_____y support years after divorce because of ‘emotional devastation’ resulting from her husbands adultery
Recent Developments
Laws still catching up: e.g., same-sex divorce & custody
Recent case reintroduced ‘fault’ in divorce:
-woman claimed that she still required alimony support years after divorce because of ‘emotional devastation’ resulting from her husbands adultery
Recent Developments
Ontario increased maximum d_____r prison sentence from 90- 180 days for failure to pay child s_____t
but still $1.2 billion owed in child support default
Common-law spouse left husband months before she died was denied survivor pension;
Recent Developments
Ontario increased maximum debtor prison sentence from 90- 180 days for failure to pay child support
but still $1.2 billion owed in child support default
Common-law spouse left husband months before she died was denied survivor pension;
