Divorce Law

There has been a long history regarding reform proposals and recommendations surrounding the law of divorce. The first legislation which was introduced in divorce law was the Matrimonial Causes Act 1857, which allowed people to obtain a divorce. However, today the provisions within that act are outdated, yet, it represented society in 1857. In 1937, legislation altered to catch up with societal changes and additional grounds of divorce were introduced. This again occurred in 1973, where legislation changed altering the grounds and facts in which a divorce could be obtained. This is the current legislation relied upon today.

In the terms of Divorce – the legal termination of marriage, this has increased immensely since 1971 due to the change in legislation that had liberalized divorce, made it cheaper and easier to obtain. The Divorce Reform Act of 1971 was the most important because prior to 1971, one partner had to provide ‘evidence’ that they had been wronged by the significant other (matrimonial offence). Due to the change of the law, it allowed people to divorce on the basis of “irretrievable breakdown”. In addition, since 1984, the Matrimonial and Family Proceedings Act reduced the time limit for divorce for a minimum of 3 years of marriage to only one year. After this act, the divorce rate shot up again, as it did in 1971. Now, people were finally able to legally to end all connections, as previously when divorce was either too expensive or difficult to obtain, separation was very common, which was when a couple decided to live away from each other.

The expenses for divorce have increased over the past several decades since divorce became a prominent thing in society. The cost of the divorce industry is approximately $50 billion a year, which comes from the pockets of divorcing couples and the taxpayers who support the state agencies involved (McElroy, 2014). According to a study done by the Marriage and Religion Research Institute, marriages have been proved to promote economic growth, while divorce slows it down. When couples are divorced, it means there will be more households which means more housing, power and resources are required (Haury, 2012). However, with the way that the law is currently, it saves time and money than it would if it were any different. With a longer waiting period like Cathy Meyer suggests, it would cost even more

The United States of America is the land of the free and the home of the brave; however, it can also be called the country that holds the highest divorce rates. America’s divorce rate in 2010 was at forty one percent and is still currently growing (Divorce Rates by Country). Forty percent of these divorces had children involved (Divorce Rates in America). With such shocking statistics, it is easy to see that America’s divorce system is in dire need of change. Since divorce can ruin families, harm a child’s all around well-being, and holds the potential of being prevented, there should be more strict regulations to receive a divorce and a stronger push for covenant marriages.

H, 1999, para 9 &13). After separation, M “sought an order for partition and sale of the house and other relief” and spousal support under the Family Law Act” (para14). Both M and H settled their financial disputes (para18). However, M challenged the s.29 of the FLA and argued that definition of spouse in the act was only apply to heterosexual married couples and to unmarried couples who cohabited for maximum for three year (para 50) .The Supreme Court of Canada held that the s.15 (1) of the Charter is infringed by the Family Law Act. Further, the impugned legislation is not saved under s. 1 of the Charter (134). In addition, the FLA constructs distinction between the same-sex couples and opposite-sex couples that resulted in unequal benefits and protection to the claimants and also make same-sex couples vulnerable (para 62, 69). The Supreme Court of Canada declared remedy and gave Ontario six month to change the definition of the spouse (147).

Throughout history, divorce has remained a controversial topic. Perceptions of divorce have drastically changed essentially because the value of marriage has changed. Marriage was once seen as a practical necessity and an irrevocable commitment. The view of marriage caused divorce to be perceived as a stigma. Divorce in earlier generations was not granted by the court system unless there were extenuating circumstances (Evolution). For example, if the woman in the marriage was unable to conceive children the divorce would be granted to the man. This remained the standard practice until the 1970’s with the introduction of “no-fault divorces” (Croteau).

Divorce is a very common word in today's society. According to the American Heritage Dictionary, "divorce is the legal dissolution of a marriage or a complete or radical severance of closely connected things"(Pickett, 2000). This dissolution of marriage has increased very rapidly in the past fifty years. In 1950 the ratio of divorce to marriage was one in every four; in 1977 that statistic became one in two. Currently one in every two first marriages results in divorce. In second marriages that figure is considerably higher, with a 67% average (National Vital Statistics Report, 2001). One critical aspect of divorce is often not taken into consideration: How it affects children. Every year 1.1 million children are affected by divorce

Divorce is a rising social issue in the United States of America, but it is not a new concept. Divorce has been a social issue since at least 1867 when for every 35.9 marriages, one couple were to get a divorce (Huth, 1947). Although divorce is not a new concept, it has become more social acceptance which is raising the divorce rate over the years. Another controversial topic in divorce is when the two people divorcing have a child or children together. Approximately 150,000-200,000 children in the United States of America are affected by divorce yearly (Huth, 1947).

Divorce is becoming all too popular in our society today. When a couple experience tough times or have one too many arguments, they automatically think divorce. Despite its prevalence couples are not prepared for it’s long, drawn out, hurtful process. Divorce does not only hurt the individuals involved, it also affects the children tremendously. While many people don’t think divorce is a bad thing. Hollywood makes divorce look cool and uneventful. When in all reality, it is disruptive. Some people would say that divorce is a lazy way out of a marriage; the cowardly thing to do when a situation presents itself. Divorce is not the only answer to marital problems, in most cases.

Amato, Paul R. "The Consequences of Divorce for Adults and Children." Journal of Marriage and the Family 62.4 (2000): 1269-87.

In 1995, Statistics Canada data shows that 30% of marriages split (McGovern). Since the 1960’s, marriage and divorce have been undergoing profound changes which have altered the meaning of marriage, the chances of its ending in divorce and the circumstances attached to marriage. These changes have made it easier for couples to obtain a divorce due to the changing laws and changing morals of society. The changes include three new grounds needed to prove marital breakdown, such as your spouse committing adultery, your spouse causing mental or physical cruelty or a separation of a year it was previously three years. Divorce also impacts the family as a whole, not only the children but also the two parties

That divorce reform act is the present day law for divorce. The evolution of divorce has drastically changed over time, making divorce easier on families. In addition, divorce does not ruin lives, it can actually benefit the adults and children involved.

Each and every day a child somewhere in the world is experiencing major changes within their family. One of those major changes is divorce or separation of parents. Divorce is “the action or an instance of legally dissolving a marriage”(Webster, 2011 p1). Today’s reality shows that couples only have one in two odds of remaining together. “ The U.S. Census bureau – involved in research about counseling children of divorce- estimating that approximately 50% of all American children born in 1982 lived in a single-parent homes sometime during their first 18 years. Mostly are due to divorce”(Children of Divorce, 2008 p.1). The rapid increase in divorce rates is a factor that has contributed to the large decline of the typical family. “Over 1

Harvey and Fine say, in their book on the effects of divorce on children, that divorce has increased at a “contagious rate since 1980.” They argue that divorce in America is a “cultural burden of vast proportions,” and insist that the “pain extends beyond the persons who dissolve their relationships to children, parents, and dear friends.” Harvey and Fine

Divorce is a plague that is destroying numerous families across the United States of America. Sadly, when husbands and wives divorce, the children are often caught directly in the middle. Throughout the years divorce has been becoming more and more common. In the 1920's it was a rare find to know a person whom had been divorced, today it is a rarity not to know of one who has been, or will be divorced. Divorce has numerous effects on the structures of families, and many devastating effects on the children that must experience it, although sometimes necessary, divorce radically changes the lives of adolescents and adults alike.