CELEBRATING WOMEN

MARRIAGE AND ACT

OVERVIEW Due to shifting cultural norms around and divorce in the 1920s, the Canadian federal government pushed for new legislation surrounding these issues. Women across were also advocating for a change that would provide them with more agency to end their marriages1.

WHAT WAS THE NATURE OF THE FIGHT FOR THIS WHAT IS THE SIGNIFICANCE OF THIS ACHIEVEMENT? ACHIEVEMENT? In the 1920s, the ideals of marriage and family were changing from At this time, divorce was about property and inheritance. As such, being solely about economic need to being about love. Given this proving adultery was the ultimate method of obtaining a divorce as it 1 shift, laws needed to evolve to allow people to more easily obtain brought into question the paternity of children . The English Act of . Therefore, the federal parliament enacted the Marriage and 1857 only allowed men to seek a divorce solely on the grounds of adultery, while women had to prove adultery as well as another issue Divorce Act in 1925 to allow women to petition for a divorce in the in the marriage (e.g., desertion or sexual assault)1. The enaction of same way that a man could1. the Marriage and Divorce Act of 1925 finally allowed women to obtain a divorce solely on the grounds of adultery, providing them with more freedom to leave an unhappy marriage1.

WHAT DOES THIS ACHIEVEMENT LOOK LIKE TODAY? This Act has been replaced by current marriage and divorce laws. In 1968, the Divorce Act was enacted, nullifying all previous legislation. This Act allowed people to seek a divorce for a wide variety of reasons outside of adultery, such as mental or physical cruelty, desertion, or three years spent living apart2. Finally, in 1986, no-fault divorce came into effect which allowed people to seek a divorce after one year of living apart and citing “marriage breakdown”2.

1. Carmichael, K. (1999). New directions: Divorce and administrative law. Department of Justice Canada. https://cfcj-fcjc.org/sites/default/files/docs/hosted/17456-new_directions.pdf 2. Bielski, Z., & Chambers, S. (2017, February 9). A century and a half of marriage. The Globe and Mail. https://www.theglobeandmail.com/life/parenting/mothers-day/the-canadian-marriage-at-150-a-look-back/article33962570/

AUTHORS ABOUT THIS PROJECT • Brianna Wilson This project aims to present significant achievements for women over the last 100 • Community Engaged years. It was developed specifically as a poster series to be displayed at Scholarship Institute International Women’s Day events in Guelph, ON.