David Blankenhorn is a world authority on the institution of marriage. One of the biggest debates concerning marriage today is whether we should expand the concept to include same-sex marriage. Blankenhorn thinks not, and in his book titled, The Future of Marriage, sets out to make the case against homosexual marriage. But he does so, pre-eminently, by making the case for the institution of heterosexual marriage. Blankenhorn first seeks to get a handle on what marriage is, and then he shows how it has been experienced over the centuries. The first half of the book is about what marriage is, and how it has developed. The second half deals with the challenge of same-sex marriage. Although homosexual couples should have the right to love one another without experiencing prejudice, their unions should not be labeled as a “marriage”, for this would cause our society to rethink the values of marriage and how it pertains to children.…
The number of divorces since the 1960’s has increased largely from around 40 thousand a year to 150 in 2005. Nowadays, 40% of marriages end in divorce. It is an important issue in society as it is common and affects many families. I am going to assess the reasons and explanations behind this increase.…
One of the key legal acts that has defined the term marriage, relationships, divorce and…
In the 19th Century divorce was extremely difficult to obtain, more so for women. Eventually in 1923 grounds were equalised for men and women, but this was followed by a sharp rise in the number of divorce petitions from women. Again in 1972, the grounds widened to ‘irretrievable breakdown’ which made divorce easier to obtain and produced a doubling of the divorce rate overnight. The introduction of legal aid for divorce cases in 1949 lowered the cost of divorce. With each change in the law divorce rates have risen. The new right are against the introduction of new laws which make marriage easier as it breaks up the idea of a traditional family which they support. It lead to a trend in single parent households.…
Family law is a fundamental aspect of our legal system, seeking justice through providing protection for the family unit whilst still reflecting the values of society. The concept of family has evolved greatly due to shifting societal influences. Correlating with this shift in values, there has been ongoing family law reform in an attempt to achieve justice for all family members and society. This has been both effective and ineffective in addressing the tension between individual rights and the views of greater society.…
In order to assess reasons for the changes in the patterns of marriage and cohabitation; it is necessary to first establish the term marriage and cohabitation. Marriage is traditionally conceived to be a legally recognized relationship, between two consenting adults, that carries certain rights and obligations. Cohabitation is an arrangement whereby couples who are not legally married live together in partnership within the common law. Cohabitation has become so widespread that the term itself is now rarely used. I will now critically examine the changes in the patterns of marriage and cohabitation in the last 40 years or so.…
Over the last 40 years marriage rates have declined significantly while the number of couple’s cohabitating has risen rapidly. This is due to our changing society where equality, laws, social acceptance and religions have all contributed into the way we view marriage and relationships. In the 1970’s there were around 400,000 first marriages whereas, in 2011, there were 248,000. The average ages of people getting married have also increased from 25 for men and 23 for women in 1961 to 36 for men and 33 for women in 2011. Cohabitation is a big factor in the decreasing number of marriages with people using it as either an alternative to marriage entirely, or a ‘trial marriage’ which just delays the time of a couple’s marriage.…
Furthermore, another law that has affected family diversity is the Divorce Law Reform Act 1969. The divorce raw reform act made it easier for couples to get a divorce as this law states that couples can claim an ‘’irretrievable breakdown’’ of their marriage and be granted a divorce, rather than having to prove that their partner had deserted them, been cruel to them or been unfaithful. As a result the divorce rate shot up consequently affecting family type by decreasing the number of nuclear families and…
In the past, traditionally families have mostly been the ‘traditional nuclear family’ made up of a married man and woman and at least one child. However there has recently been a decline in the amount of traditional nuclear families and an increase in the amount of diverse families. There are now less people following the traditional view that the nuclear family is the ‘normal’ way to live. The diverse families now include families such as, lone parent families, reconstituted family, extended family, lone person households, cohabiting couples and same sex couples. In this essay I will discuss the view that the traditional nuclear family has decline as a result of the growth of family diversity and the reasons why people are no longer following past tradition. Cohabitatiion is an arrangement where two people who is not married live together in an intimate relationship, particularly an emotionally and/or sexually intimate one, on a long-term or permanent basis. Before 1970, cohabitation was illegal in certain countries e.g. America. Due to a change in the law, Cohabitation is now a common pattern among people around the world, as well as sex/birth outside of marriage, leaving at least 50% to 60% of coupless cohabitating, starting from the late 1990âs. This leads to the amount of traditional nuclear families decreasing as people want to live in companionship as nearly half the amount of marriages end in divorce, also cohabiting is an easier way as its much cheaper and doesnt cause much hassle. The New Right see the decline of the traditional nuclear family and the growth of family diversity as negative trends in modern society.…
Marriage is a legal institution, and individuals who intend to marry must take into consideration the legal consequences of this union. Individuals need to understand the legal responsibilities if a separation occurs such as relationship breakdowns and divorce. Divorce is the legal termination of a marriage. Under the Family Law Act 1975 (Cth) the only grounds for divorce is the breakdown of the marriage. However prior to this, married couples who wanted to divorce had to apply under the Matrimonial cause Act 1959 Cth on the grounds of ‘fault’ such as…
Moreover, the economy has grown over years and has changed the model of rights and expectations within marriage. As women’s connection to work force grows stronger, they have played an important role in influencing and controlling in family decision-making. When those rights are not respected, many women either do not enter into or what they consider insupportable family relationships; in which men do the same.…
The Australian family law system aims to provide just outcomes for family members through its role in maintaining fairness, justice and equality. However, many flaws and faults still exist in the system that does not always result in the most beneficial outcome for all family members. Due to the constant change and shifts in beliefs towards families in today’s society, law reform is a fundamental aspect in ensuring that the rights of family members are always protected. From the recognition of same sex couples in Australia to the increased protection of domestic violence victims and family members, it can be seen that the legal system is responsive in meeting…
According to the Marriage Act 1961, marriage in Australia is defined as, “the union of a man and a woman to the exclusion of all others, voluntarily entered into for life.” It is said that a “good law” is that which consists of five key features; one being that the law reflects the changing values of society (Sykes, 2002). The aspect of marriage being allowed only between a man and a woman has been widely contested among people as society has evolved and this provokes debate.…
With the very nature and fluidity of Family Law, many attempts at definitive meanings are met with a high degree of confusion even by the most learned minds. Family law is an area of the law that deals with family-related issues and domestic relations. This can includes the establishment of family and domestic relationships, the rules for creating a union, right up to their termination or dissolution, and the subsequent issues related to this, such as alimony, child support, property division, custody etc. When the bliss of a marriage turns cold, there are many couples out there, or even individuals who believe that their marriage is beyond help therefore…
Article 41 of Bunreacht na hÉireann contains the main provisions relating to the family. “It is generally considered that Articles 41 and 42 were heavily influenced by Roman Catholic teaching. They were clearly drafted with one family in mind, namely the family based on marriage.”[2].…