The Most Dominating Aspect of Family Law

Paper Summary:

In this article, the writer expands on the belief that the most dominating aspect of family law is that it pertains to the domestic sphere. Further, the writer examines the repercussions of this domestic aspect of family law. The writer notes that one can see that the dominant aspect of Canadian family law with regard to both divorce and common law couples has changed. Moreover, this was also the dominant aspect with regard to the very nature of families, in that same-sex relationships have been legitimized to the full extent of the law. The writer points out that the last-mentioned change is certainly the most dramatic, setting Canada ahead of social trends in most countries, and illustrating perhaps most clearly of all how much Canadian family law has changed.

From the Paper:

"Another aspect of family law that has been dominated by change has been the important sphere of divorce law. Boyd points out that at the beginning of the 20th century, people rarely divorced. However, a century later, divorce has become common-place. In fact, in many Canadian class rooms, there are more children from "broken" families than from intact families. As the century progressed, people became more willing to break their marriage vows and start over. Also, as divorce become more and more commonplace, people began to feel less guilt and failure about getting a divorce. Moreover, it is now a more secular time, and many people simply do not take their church vows as seriously. Canadian family law seems to have recognized this softening of social attitudes towards divorce, because it has made a series of changes to divorce law. Perhaps the most salient change has been that it has become much easier to obtain a divorce, particularly with the introduction of the concept of so-called "no-fault" divorce."

Sample of Sources Used:

• Boyd, Neil. (2002). Canadian Law: an introduction. Toronto: Thomson Learning.

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