If a no fault divorce reform was to be introduced, it is said that it would make a divorce fairer and easier for both the parties involved (Adams and Coltrane, 2007). The reform is also said to promote non-confrontational resolution to family disputes and it would allow couples to bring their marriages to an end in a dignified and mutually respectful manner which is both in their best interests and in the interests of their children (Adams and Coltrane, 2007). In order to get a divorce, a couple must show good reasons for wanting to end their marriage. There are five grounds for a divorce; adultery, unreasonable behaviour, desertion, having lived apart for two years and both agree to the divorce, or lived apart for five years even if the husband …show more content…
This can be proved in a number of different ways but it is not possible for a couple to get a divorce without blame unless they have been separated for at least two years and they both consent (Herring, 2015). The reform would help those couples who decide together that their marriage is not saveable through a less bitter court battle, rather than require one of them to put the blame on the other or for the couple to wait a two year period before being able to begin their divorce. If one spouse wants a divorce, it then becomes necessary for them to state one of the five specific reasons and put the ‘blame’ on the other (Herring, 2015). The current law does not take into account the impact of conflict on family relationships and the children involved. If a non fault based system was put in place, it would remove the need for further conflict (Resolution, 2015). Due to the animosity and lack of co-operation between the couple, what should be a fair and easy process could unnecessarily turn into something quite lengthy and also costly to settle the financial matters. It could be argued
Introduction A century ago, divorce was nearly non-existent due to the cultural and religious pressures placed upon married couples. Though over time Canadians have generally become more tolerant of what was once considered ‘mortal sin’, marital separation and divorce still remain very taboo topics in society. Political leaders are frowned upon when their marriages’ crumble, religions isolate and shun those who break their martial vows, and people continue to look down on those who proceed to legally separate their households. With that being said, couples do not just decide to get a divorce for no particular reason. There must be something driving them towards marital dissatisfaction and further, driving them towards divorce.
The Increase in Divorce Rate and Changes in Law A divorce is a legal ending of a marriage between a husband and wife. Divorce rate has increased whenever laws have been passed to make divorce quicker, easier and cheaper and so many people believe that changes in law have led an increase in divorce rate. However, other sociologists argue that changes in law do not cause divorce and that the real reason why people divorce are changing expectations from marriages, the changing attitude of women and declining pressure from family, community and religion against divorce. The 1971 Divorce Reform Act granted divorce on the grounds of 'irretrievable breakdown of marriage' and a divorce can take place after two years of marriage. The 1984 Matrimonial and Family Proceeding Act allowed divorce after 1 year.
The Family Law Legislation Amendment Act of 2011 and whether it has Reduced Violence and Abuse for Women and Children
According to Rodgers (1995) no-fault divorce was implemented to make divorce less restrictive, and more importantly removes the factor of fault in that it removes the need for one party to be guilty or innocent. No-fault divorce law recognises that a breakdown of the relationship between spouses can result in them no longer being able to function as a married couple, and instead seeks to reduce the legal obstacles, economic costs, and psychological consequences of divorce (Rodgers 1995). Due to these factors, divorce may have become more accessible to low income families had who previously been unable to afford it under fault-based divorce. On the other hand, no-fault divorce may have become more attractive to high income families in particular the “guilty” spouse who under fault-based legislation faced alimony payments, child support payments and loss of property to the “innocent” spouse (Rodgers 1995). The role that the no-fault law plays in divorce is that of a societal structure, in that it encompasses an association between individuals and the social institution that is the American legal system on a sizable scale throughout American society.
Marriage is a commitment that seems to be getting harder to keep. The social standards placed on an individual by society and influenced by the media inevitably lead some to consider divorce as a “quick-fix” option. “Have it your way” has become a motto in the United States. It has become a country without any consideration of the psychological effects of marriage and divorce. The overwhelmingly high divorce rate is caused by a lack of moral beliefs and marital expectations.
The controversy, however, lies in the argument from critics that restricting couples from marriage or imposing fines or penalties is unjust. Jennifer Daw, a therapist with the American Association for Marriage and Family Therapy quoted an article from USA Today wherein opponents argued that, “divorce regulations or restrictions would create messier divorces, not prevent them and tougher restrictions on divorce could endanger women in abusive marriages.” People were once required to negotiate in divorce. The “No Fault Divorce” has changed that and takes the ground...
If you are facing a potential divorce or you are already in the process of getting divorced, you might be wondering what to expect in the coming months when it comes to handling alimony and child support in a Florida divorce. While this might be a difficult experience, Florida has specific regulations for determining how alimony and child support are handled in our state.
Children will be suffered conflict with the interaction with their parents and siblings, and other aspects in their family life by cause of the divorce (Berk, 2010). Some parents who decide to get divorced that they were waiting the time on arguments and fights. Also, these parents use their children to punishment to one to each other. For this situation, children have a lot of conflicts on their emotions, and they have issues in their security. For instance, the custody’s fights are the biggest battle during the separation, and parents develop a lot of stress during this process. In the majority of the cases, mothers have the custody of their children, and they have to raise as a single mother. Also, the children tend to develop a lot of fears and about what they want to do. The divorce brings several negatives on children, and children live with a lot of stress during the divorce process. As well as, each child is different, and they
A key problem with the current divorce law is that if a couple has simply fallen o...
The divorce act requires the court to verify weather there seems to be any chance of reconciliation between the parties. The court may even ask for a marriage councilor to attempt a reconciliation.
Divorce, in history, has always been considered as a deviance of society. However, in the modern world, where people have senses of individualism, divorce has become a phenomenon. There are numerous reasons for divorce, from not knowing each other well enough before marriage, lack of money, long distance relationships, frequent disagreements to partners...
Cause and Effect Essay – The Causes of Divorce. From the past to present, people all over the world have determined to live together, which is called “get married” in another word, so that they depend on each other for living. Nevertheless, some couples are unable to maintain their relationship; therefore they choose divorce, which is one of the solutions to cope with problems between husband and wife. Furthermore, most people think carefully before they get married.
There are so many questions concerning marriage and divorce, and that is why I'm writing to you. I hope to answer some questions you may have. Though you may not form an opinion about no-fault divorce, you should finish this article with a little satisfaction, knowing that you've seen both sides of the issue.
Relationships are all about give and take, and to maintain that balance people must be willing to do the work. Today dissolution of marriage is being used as the easy way out when couples no longer agree. When couples are incapable of maintaining a happy marriage, a divorce can be agreed upon. Divorce is more common nowadays, making the divorce rate a continual increase. About 40 to 50 percent of married couples in the United States divorce (Kazdin). In America, there is one divorce every 13 seconds. That’s 6,646 divorces per day, and 46,523 divorce per week (Irvin). The three main causes of divorce is the lack of communication, financial difficulties, and infidelity.
A divorce is defined as “a judicial declaration dissolving a marriage in whole or part, especially on that releases the marriage partners from all matrimonial obligations” as stated by www.dictionary.com/browse/divorce. In current society divorces has been a well-known phenomenon and is quite common t everyone. Couples are getting divorced die to many reasons. Some of them are, but not limited to other love affairs, loss of romantic feelings, infidelity, getting married to young or even conflicts in the home between the two spouses. It is a heavy concept that impacts child(ren) and family one way or the other, both advantageous and negatively.