Divorce in CanadaSociological Trends and Legal Changes

Facebook and Divorce

Nearly 30% of new couples are meeting online. (TIME Magazine, 2010)

Facebook cited in 33% of divorce petitions (applications). (UK study, 2011)

What is it about social media/online dating that creates such positive and negative circumstances for couples?

Consider ...

Why you think social media poses such a threat to married couples, specifically those having marital problems?

Do you think this “online” problem will persist for married couples in the future? Why?

When marriage does not meet the expectations of 1 or both partners.

Lack of marital satisfaction

Rates fluctuate as a result of Social and Moral values

Today: controlled by religion and government

Divorce

Ancient Romans – purely family concern, rather than state governed.◦ Very attainable, happened frequently

Early Christians (11th-12th cent)◦ First consideration from a religious standpoint.

Catholic Church – Marriage as a Sacrament◦ Marriage as a sacred rite, spiritual importance. ◦ Divorce was the breaking of something sacred.

History of Divorce

Functionalist perspective (stability created by roles and division of labour)

Traditional (economic, childrearing basis)

Divorce meant suing for “matrimonial offence” (adultery and cruelty)

Early 20th Century

Romance as the basis for marriage.

Assessment of satisfaction = how happy are you?

Divorce treated as “marriage breakdown”

Divorce law reflects love and companionate purposes of marriage.

Mid 20th Century

Divorce is increasingly common

Divorce law decreases the time required to get a divorce.

Late 20th Century

Divorce Law

1867 •Constitution Act•Marriage and Divorce federally governed• 1925 – Adultery grounds for divorce (for women)

1968 • Divorce Act -“Marriage Breakdown” after 3 years of separation

•Sharp increase in divorce rates

1986 •Divorce Act – 1 year of separation before divorce.•“No Fault” divorce•Sharp increase in divorce rate.

Phases of Divorce Awareness, Separation, Reorganization

One person requests/initiates

Recognition of ongoing problems

Denial until confronted by request for divorce

Begin shifting energy to outside roles

Awareness

Plan the break up

Settle child custody and finances

Notify friends, family & coworkers

2 new households

Separation

Establish 2 separate lives (social, financial)

Form new social life as a single person

Negotiate new parental roles

Reorganization

In 1985 what changes were made to the Divorce Act?

What is the “single ground” for divorce? What three conditions can give reason for divorce?

Define separation. Outline the conditions surrounding the process of separation.

Adultery and cruelty are still considered to be “matrimonial offences”. Outline how these offences can and cannot be used as grounds for divorce.

What kind of evidence is needed to prove the presence of adultery or cruelty? Why are these “offences” treated differently?

Legal Matters: Divorce (p. 251)