Name of of Lecturer Course 2 May 2011 Reform Laws and Divorce It is a known fact that marriages are usually bound by law through a written contract and when either of the party violates their marital vows, there could likely be a problem and this could lead to dissolution of the union and the result of this is that one party sues the other for divorce…
Download full paperFile format: .doc, available for editing
Download file to see previous pages
This paper shall argue on the causes of divorce, while pointing out to the reasons for reform laws on marriages and divorce in the process. A marriage is a standard union between two individuals that are committed to one another and they are to live for each other with the two parties developing common interest, which are economically related in some cases. In marriage, the husband and wife are expected to have a lifetime bond and the strength of this bond all depends on how they could effectively manage their relationship and it is the mismanagement of relationships that ultimately lead to divorce. It is a known fact that most of the divorce cases are filed by women and this is due to the fact that the society has made women to play second fiddle in relationships and when they feel they are no longer enjoying the relationship, they sue for divorce. According to the American Law and Economics Review, more than two-thirds of divorce cases in the United States are filed by women (Brinig & Douglas 126, Khun & John 31) A marriage would surely stand on a proper economic foundation and if the necessary things are not done, the foundation on which the marriage was built would collapse. This is to say that a marriage that the husband or the man of the house cannot meet up with the responsibility in the house in terms of matching his income with the finances at home would begin to crumble. A relationship that is marred by lack of finances or proper management of finance cannot stand and the marriage would ultimately fail. In this case, there needs to be some reform laws on the union of two people as it must be clearly stated that people that are not financially capable to start a family should not even make any attempt to get married in the first place. If this is done, divorce cases that arise as a result of the inability of the husband to cater for the financial needs of the family would never arise (Brinig & Douglas 127). There are several divorce situations that the bride accuses her husband of not being financially capable enough to cater for the family and then sues for divorce and after the hearing of the divorce, the two married parties are legally separated with the husband paying some sum of money for the upkeep of his ex-wife and if they have any issue between them, he is also responsible for the upkeep of the children. Thus, if there have been reform laws that have mandated the wife to ensure that she wants to get married to someone that would take care of the finances of herself and the issue that comes after the marriage, these cases of divorce would be to the barest minimum. Parents hold the responsibility of catering for their children and when this obligation is not fulfilled there could be some cracks in the walls in the family system and this could be the effect of an improperly planned marriage system. Divorce follows an improperly managed marriage, thus there should be some reforms law that seeks to monitor the management of marriages and this would go a long way to teach the couples the consequences of mismanaging their homes. Some of the reasons women sue for divorce is due to the financial and economical incentives they stand to gain from the dissolution of their marriage and the fact that it is the women that gain more from
...Download file to see next pagesRead More
Cite this document
(“Reform Laws and Divorce Essay Example | Topics and Well Written Essays - 1500 words”, n.d.)
Retrieved from https://studentshare.org/environmental-studies/1418492-reform-laws-and-divorce
(Reform Laws and Divorce Essay Example | Topics and Well Written Essays - 1500 Words)
“Reform Laws and Divorce Essay Example | Topics and Well Written Essays - 1500 Words”, n.d. https://studentshare.org/environmental-studies/1418492-reform-laws-and-divorce.
Legal provisions on divorce in England and Wales form part of a larger group of family laws including legal provisions on adoption, wardship, parental responsibility, and child abduction (Manning & Cohen, 2012). All family laws, including divorce are heard in both county courts and magistrates courts (Family Proceedings Courts) which are regulated with codes of Family Procedure Rules.
The author considers divorce within a legal context. In the United States that means a combination of federal and state law; in the case of divorce, state laws are fundamentally controlling. Judges, scholars and practitioners commonly assume that family law decisions are quintessentially matters of state law.
The authors state that the terms of marriages have been changed due to covenant ones, because the couple has to discuss their divorce terms before marriage and thus makes the divorce process easier.
Nevertheless, the covenant marriages are opposed by traditionalists, religious leaders and feminists stating that government mustn't have so many right of interference into private life.
The first wave of reforms occurred in the late 1960s and early 1970s when most developed countries substantially eased their divorce rules, permitting no-fault divorce in which marital dissolution is possible without proving matrimonial misconduct. The no-fault ground is described using the blameless terminology of irretrievable breakdown.
However, until recently divorce has been difficult to obtain and many of society's views on divorce were rooted in religion. In 1970, California led the way to making divorce easier to obtain with its revolutionary no-fault divorce process. Since that time, divorce rates have soared and today as many as 50% of all California marriages end in divorce.
The attempt failed. But less than a decade later the Divorce Reform Act 1969 allowed divorce if the parties had lived apart for two years (and both consented) or five years (if one did not consent). How did such a dramatic change come about in what, in this context, seems a remarkably short time (Castles, 1994)
es that exchange vows are prepared either practically, emotionally or psychologically in dealing with the realities of a life-long commitment with another person. Therefore, only a minority of marriages can truly be characterized as successful. This is a disturbing and
A study published in the American Law and Economics Review showed that women file slightly more than two-thirds of divorce cases in the US (Brinig & Douglas 126, Khun & John 31). If that is the case, one might want to ask why that is the