module 5 - separation & divorce

divorce act in 1968

unified legal approach that gave both spouses equal rights to pursue divorces based on adultery, convictions for sexual offences, bigamy, mental or physical cruelty, a permanent breakdown arising from a three-year separation, and selected other conditions

no fault clause 1985

• simplified the legal process further to allow for no-fault divorces after one year of separation.

• facilitated the normalization of the process

T/F : the more marriages you have, more likely to get divorced

T

who has the lowest rate of divorce in terms of age?

• age 50 and up, amounting to just 26%

difference between younger and older people divorcing

• While fewer young people marry or delay the process, those who ultimately do end up marrying appear to have higher quality or at least relatively more stable marriages on average

• rate among older canadians have increased

separation vs divorce

• Separation can be temporary or permanent; divorce is a legal dissolution of a marriage.

divorce trends in canada

• 40% of marriages end in divorce.

• Average age of divorce: 46 years old.

• Divorce rate for second marriages: 60%; third marriages: 73%.

• Major causes of divorce: Domestic violence (34%), infidelity (27%), financial issues (25%).

• Common-law relationships have increased (6.9% in 1991 → 11.8% in 2019).

Amato’s (2010) Nine Predictors of Divorce

• : Teen marriage, poverty, unemployment, low education, premarital cohabitation, premarital fertility, interracial marriage, previous divorce, and parental divorce.

Margolis et al. (2019)

: Divorce rates are declining among younger adults but increasing among older Canadians ("gray divorce").

consequences of divorce: adults

• Men often face immediate psychosocial distress.

• Women (especially mothers) experience greater economic hardships.

consequences of divorce: children

• Children from high-conflict families suffer more than those from low-conflict divorced families.

  • Negative effects: Anxiety, depression, aggression, academic struggles, lower self-esteem.

  • Living Arrangements: More children in lone-parent or stepfamily settings.

Cohabitation as a “Risk” Factor:

• Common-law couples face higher breakup rates than married couples

Extramarital Fertility:

• less stigma around children born outside marriage

• legalization of abortion, accessibility of contraceptives

Impact of Divorce on Families

Shift toward blended families, increasing stepfamilies.