The Divorce Act Changes Explained
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Untying the Knot: an Analysis of the English Divorce and Matrimonial Causes Court Records, 1858-1866 Danaya C
University of Florida Levin College of Law UF Law Scholarship Repository Faculty Publications Faculty Scholarship 1-1-2004 Untying the Knot: An Analysis of the English Divorce and Matrimonial Causes Court Records, 1858-1866 Danaya C. Wright University of Florida Levin College of Law, [email protected] Follow this and additional works at: http://scholarship.law.ufl.edu/facultypub Part of the Common Law Commons, Family Law Commons, and the Women Commons Recommended Citation Danaya C. Wright, Untying the Knot: An Analysis of the English Divorce and Matrimonial Causes Court Records, 1858-1866, 38 U. Rich. L. Rev. 903 (2004), available at http://scholarship.law.ufl.edu/facultypub/205 This Article is brought to you for free and open access by the Faculty Scholarship at UF Law Scholarship Repository. It has been accepted for inclusion in Faculty Publications by an authorized administrator of UF Law Scholarship Repository. For more information, please contact [email protected]. UNTYING THE KNOT: AN ANALYSIS OF THE ENGLISH DIVORCE AND MATRIMONIAL CAUSES COURT RECORDS, 1858-1866 Danaya C. Wright * I. INTRODUCTION Historians of Anglo-American family law consider 1857 as a turning point in the development of modern family law and the first big step in the breakdown of coverture' and the recognition of women's legal rights.2 In 1857, The United Kingdom Parlia- * Associate Professor of Law, University of Florida, Levin College of Law. This arti- cle is a continuation of my research into nineteenth-century English family law reform. My research at the Public Record Office was made possible by generous grants from the University of Florida, Levin College of Law. -
Child Custody Modification Under the Uniform Marriage and Divorce Act: a Statute to End the Tug-Of-War?
Washington University Law Review Volume 67 Issue 3 Symposium on the State Action Doctrine of Shelley v. Kraemer 1989 Child Custody Modification Under the Uniform Marriage and Divorce Act: A Statute to End the Tug-of-War? C. Gail Vasterling Washington University School of Law Follow this and additional works at: https://openscholarship.wustl.edu/law_lawreview Part of the Family Law Commons Recommended Citation C. Gail Vasterling, Child Custody Modification Under the Uniform Marriage and Divorce Act: A Statute to End the Tug-of-War?, 67 WASH. U. L. Q. 923 (1989). Available at: https://openscholarship.wustl.edu/law_lawreview/vol67/iss3/15 This Note is brought to you for free and open access by the Law School at Washington University Open Scholarship. It has been accepted for inclusion in Washington University Law Review by an authorized administrator of Washington University Open Scholarship. For more information, please contact [email protected]. CHILD CUSTODY MODIFICATION UNDER THE UNIFORM MARRIAGE AND DIVORCE ACT: A STATUTE TO END THE TUG-OF-WAR? Each year approximately one million American children experience the trauma of their parents' divorces.1 The resulting child custody deci- sions involve familial complications and difficulties requiring judicial dis- cretion.' The amount of discretion trial court judges currently exercise, however, often yields unpredictable and poorly reasoned decisions. Fre- quently, the trial court judge's decision motivates the losing parent to relitigate.3 In an effort to ensure greater stability after the initial custody decision and to dissuade further litigation, the drafters of the Uniform Marriage and Divorce Act (UMDA)4 provided a variety of procedural and substantive limitations on a judge's ability to grant changes in custody.5 This Note evaluates the UMDA's custody modification provisions and explores their application by the courts. -
Private Law As Constitutional Context for Same-Sex Marriage
Private Law as Constitutional Context for Same-sex Marriage Private Law as Constitutional Context for Same-sex Marriage ROBERT LECKEY * While scholars of gay and lesbian activism have long eyed developments in Canada, the leading Canadian judgment on same-sex marriage has recently been catapulted into the field of vision of comparative constitutionalists indifferent to gay rights and matrimonial matters more generally. In his irate dissent in the case striking down a state sodomy law as unconstitutional, Scalia J of the United States Supreme Court mentions Halpern v Canada (Attorney General).1 Admittedly, he casts it in an unfavourable light, presenting it as a caution against the recklessness of taking constitutional protection of homosexuals too far.2 Still, one senses from at least the American literature that there can be no higher honour for a provincial judgment from Canada — if only in the jurisdictional sense — than such lofty acknowledgement that it exists. It seems fair, then, to scrutinise academic responses to the case for broader insights. And it will instantly be recognised that the Canadian judgment emerged against a backdrop of rapid change in the legislative and judicial treatment of same-sex couples in most Western jurisdictions. Following such scrutiny, this paper detects a lesson for comparative constitutional law in the scholarly treatment of the recognition of same-sex marriage in Canada. Its case study reveals a worrisome inclination to regard constitutional law, especially the judicial interpretation of entrenched rights, as an enterprise autonomous from a jurisdiction’s private law. Due respect accorded to calls for comparative constitutionalism to become interdisciplinary, comparatists would do well to attend,intra disciplinarily, to private law’s effects upon constitutional interpretation. -
Equalizing the Cost of Divorce Under the Uniform Marriage and Divorce Act: Maintenance Awards in Illinois Jane Rutherford Assist
Loyola University Chicago Law Journal Volume 23 Issue 3 Spring 1992 Illinois Judicial Conference Article 5 Symposium 1992 Equalizing the Cost of Divorce Under the Uniform Marriage and Divorce Act: Maintenance Awards in Illinois Jane Rutherford Assist. Prof., DePaul University College of Law Barbara Tishler Follow this and additional works at: http://lawecommons.luc.edu/luclj Part of the Litigation Commons Recommended Citation Jane Rutherford, & Barbara Tishler, Equalizing the Cost of Divorce Under the Uniform Marriage and Divorce Act: Maintenance Awards in Illinois, 23 Loy. U. Chi. L. J. 459 (1992). Available at: http://lawecommons.luc.edu/luclj/vol23/iss3/5 This Article is brought to you for free and open access by LAW eCommons. It has been accepted for inclusion in Loyola University Chicago Law Journal by an authorized administrator of LAW eCommons. For more information, please contact [email protected]. Equalizing the Cost of Divorce Under the Uniform Marriage and Divorce Act: Maintenance Awards in Illinois Jane Rutherford* Barbara Tishler** "The first of earthly blessings, independence." Edward Gibbon1 "To be poor and independent is very nearly an impossibility." William Cobbett2 TABLE OF CONTENTS I. INTRODUCTION .................................... 460 II. FOSTERING INDEPENDENCE ........................ 465 A. The Duty to Own Property ..................... 471 B. The Duty to Be Employed ...................... 475 1. Full-time Homemakers ..................... 475 2. Unequal Earners ........................... 485 3. Equal Earners .............................. 493 III. R ELIANCE .......................................... 495 IV. CONTRIBUTION/UNJUST ENRICHMENT ............. 497 V. REASONABLE NEEDS ............................... 501 VI. STANDARD OF LIVING ............................. 503 VII. EQUALITY .......................................... 504 A. Disparate Income As a Measure of Need ........ 505 B. Disparate Income As a Method of Allocating Gains and Losses .............................. -
CHILD SUPPORT: by JUDICIAL DECISION by LEGISLATION? (Pt
REFORM OF THE LAW CHILD SUPPORT: BY JUDICIAL DECISION BY LEGISLATION? (Pt. I) Alastair Dissett-Johnson* Dundee This isa two-partarticle. Partone analyses the recent Supreme Court ofCanada decision in Willick and the Provincial Appeal Court decisions in L6vesque and Edwards on the issue ofassessing child support. Part two examines the British Child Support Acts 1991-5, which introduced an administrative formula driven method ofassessing child support, and the Canadian Federal/Provincial Family Law Committees Report Recommendations on Child Support. The merits and problems associated with administrative andjudicial methods ofassessing child support are examined and contrasted. Il s'agit d'un article en deux parties. La première partie analyse la décision récente de la Cour suprême du Canada dans l'affaire Willick, ainsi que les décisions de la Cour d'appelprovinciale dans les affaires Lévesque etEdward qui évaluent laprotection sociale de l'enfant. La secondepartie examine, d'unepart, les Child Support Acts britanniques (Lois sur la protection sociale de l'enfant) votées de 1991 à 1995 et quiontintroduit des moyens administratifs, basés surune formule, permettant d'évaluer laprotection sociale de l'enfant et, d'autre part, le Rapport des comités sur la législationfamilialefédérale/provinciale canadienne et les recommandations concernant la protection sociale de l'enfant. Les aspects positifs et négatifsliésaux méthodesadministratives etjudiciairesd'évaluation de la protection sociale de l'enfant sont examinés. I. Introduction .... ........ -
The Canadian Legal Research and Writing Guide Formerly the Best Guide to Canadian Legal Research 2018 Canliidocs 161
The Canadian Legal Research and Writing Guide Formerly the Best Guide to Canadian Legal Research 2018 CanLIIDocs 161 Edited by Melanie Bueckert, André Clair, Maryvon Côté, Yasmin Khan, and Mandy Ostick, based on work by Catherine Best, 2018 The Canadian Legal Research and Writing Guide is based on The Best Guide to Canadian Legal Research, An online legal research guide written and published by Catherine Best, which she started in 1998. The site grew out of Catherine’s experience teaching legal research and writing, and her conviction that a process-based analytical 2018 CanLIIDocs 161 approach was needed. She was also motivated to help researchers learn to effectively use electronic research tools. Catherine Best retired In 2015, and she generously donated the site to CanLII to use as our legal research site going forward. As Best explained: The world of legal research is dramatically different than it was in 1998. However, the site’s emphasis on research process and effective electronic research continues to fill a need. It will be fascinating to see what changes the next 15 years will bring. The text has been updated and expanded for this publication by a national editorial board of legal researchers: Melanie Bueckert legal research counsel with the Manitoba Court of Appeal in Winnipeg. She is the co-founder of the Manitoba Bar Association’s Legal Research Section, has written several legal textbooks, and is also a contributor to Slaw.ca. André Clair was a legal research officer with the Court of Appeal of Newfoundland and Labrador between 2010 and 2013. He is now head of the Legal Services Division of the Supreme Court of Newfoundland and Labrador. -
Special Series on the Federal Dimensions of Reforming the Supreme
SPECIAL SERIES ON THE FEDERAL DIMENSIONS OF REFORMING THE SUPREME COURT OF CANADA The Jurisprudence of ʺCanadaʹs Fundamental Valuesʺ and Appointment to the Supreme Court of Canada F. C. DeCoste Faculty of Law, University of Alberta Institute of Intergovernmental Relations School of Policy Studies, Queen’s University SC Working Paper 2010 - 02 DeCoste, F.C., The Jurisprudence of "Canada's Fundamental Values"… Page 1 Judged by the norms of liberal democratic governance, our system of appointing judges to the Supreme Court of Canada is a constitutional embarrassment. This much must, by now, be beyond dispute. Since the Court's founding in 1875, s. 101 of the Constitution Act 1867 has been taken by successive federal executives to be a grant of unfettered -- which is to say, rule-less1 and therefore largely lawless -- prime ministerial discretion. In consequence, both the process and the substance of appointment offend in disgracefully equal measure the principles of transparent and accountable government. That this sorry state of constitutional affairs has not in fact fatally compromised the legitimacy of the Court can only, I think, be attributed to the complicity of those who know or ought to know better -- the legal, academic, and press communities especially included -- in the maintenance of civic ignorance among Canadians. But further criticism in these regards is not my remit in this too brief working paper.2 Instead I shall argue that the Court's post-Charter devotion to what it terms "Canada's fundamental values" violates a core constitutional principle of federalism. I shall then argue that this violation not only supports but demands remediation by way of a role for the provinces in the appointment process. -
Familysource®
FamilySource® What’s in FamilySource® CASE LAW • Western Weekly Reports (W.W.R.) 1911- report series of other commercial • Historical Report Series publishers, including Quebec cases of FamilySource contains all full text cases dealing national importance. These law report • Alberta Law Reports (Alta. L.R.) 1908-33 with family law from the Westlaw Canada case series include: Decisions published law collection. This collection includes: • Canadian Cases on the Law of in major law report series of other Securities (C.C.L.S.) 1994-1998 commercial publishers, including • Complete coverage of reported • Canadian Intellectual Property Quebec cases of national importance. Canadian court decisions from the Reports (C.I.P.R.) 1984-90 These law report series include: common law provinces and Quebec cases of national importance, from • Canadian Reports, Appeal Cases • A.R. Alberta Reports 1986 and continuing forward (C.R.A.C.) 1871-78; 1912-13 • Alta. L.R.B.R. Alberta Labour Relations • Complete coverage of reported Supreme • Coutlee’s Canada Supreme Court Board Reports Court of Canada and Privy Council Cases (Cout. S.C.) 1875-1906 • B.C.A.C. British Columbia Appeal Cases decisions originating in any province • Eastern Law Reporter (E.L.R.) 1906-14 • C.C.C. Canadian Criminal Cases or territory from 1876 forward • Fox Patent Cases (Fox Pat.C.) 1940-71 • C.H.R.R. Canadian Human Rights Reporter • Complete coverage of Federal Court • Maritime Provinces Reports • C.I.R.B. Canada Industrial Relations Board decisions reported in the Federal Court (M.P.R.) 1929-68 • C.L.L.C. Canadian Labour Law Cases Reports from 1971 forward, and of the • New Brunswick Reports (N.B.R.) 1867-1929 Exchequer Court from 1875 through • C.L.R.B.R. -
The Constitution of Canada and the Conflict of Laws
Osgoode Hall Law School of York University Osgoode Digital Commons PhD Dissertations Theses and Dissertations 2001 The onsC titution of Canada and the Conflict of Laws Janet Walker Osgoode Hall Law School of York University, [email protected] Follow this and additional works at: http://digitalcommons.osgoode.yorku.ca/phd Part of the Conflict of Laws Commons, and the Jurisdiction Commons Recommended Citation Walker, Janet, "The onC stitution of Canada and the Conflict of Laws" (2001). PhD Dissertations. 18. http://digitalcommons.osgoode.yorku.ca/phd/18 This Thesis is brought to you for free and open access by the Theses and Dissertations at Osgoode Digital Commons. It has been accepted for inclusion in PhD Dissertations by an authorized administrator of Osgoode Digital Commons. THE CONSTITUTION OF CANADA AND THE CONFLICT OF LAWS Janet Walker A thesis submitted in partial fulfilment of the requirements for the degree of Doctor of Philosophy Worcester College Trinity Term 2001 The Constitution of Canada and the Conflict of Laws Janet Walker, Worcester College Doctor of Philosophy Thesis, Trinity Term 2001 This thesis explains the constitutional foundations for the conflict of laws in Canada. It locates these constitutional foundations in the text of key constitutional documents and in the history and the traditions of the courts in Canada. It compares the features of the Canadian Constitution that provide the foundation for the conflict of laws with comparable features in the constitutions of other federal and regional systems, particularly of the Constitutions of the United States and of Australia. This comparison highlights the distinctive Canadian approach to judicial authority-one that is the product of an asymmetrical system of government in which the source of political authority is the Constitution Act and in which the source of judicial authority is the continuing local tradition of private law adjudication. -
Interacting with Separating, Divorcing, Never-Married Parents and Their Children
Association of Family and Conciliation Courts An Educator’s Guide: Interacting with Separating, Divorcing, Never-Married Parents and Their Children © 2009 Association of Family and Conciliation Courts AN EDUCATOR’S GUIDE: INTERACTING WITH SEPARATING, DIVORCING, NEVER- MARRIED PARENTS AND THEIR CHILDREN AFCC work group: Barbara Steinberg, Ph.D., Chair Nancy Olesen, Ph.D., Reporter Deborah Datz, LPC, NCSP Jake Jacobson, LCSW Naomi Kauffman, J.D. Hon. Emile Kruzick Shelley Probber, Psy.D. Gary Rick, Ph.D. With special thanks for contributed materials to Marsha Kline Pruett, PH.D., M.S.L. and The Smith Richardson Foundation, Inc. This guide was developed by the Association of Family and Conciliation Courts to help educators address the needs of separating, divorcing and never-married families and their children. AFCC is an international, multi- disciplinary organization comprised of attorneys, judges, mediators and mental health care providers who are dedicated to improving the lives of children and families through the resolution of family conflict. © 2009 Association of Family and Conciliation Courts TABLE OF CONTENTS Introduction................................................................................................ 4 Children: Recognizing Their Challenges ................................................ 5 Parents: Facilitating Their Involvement ................................................. 7 Teachers: Staying Out of the Middle....................................................... 12 Family Court Professionals: Who Wants What -
Adultery As a Bar to Dower
University of Miami Law Review Volume 13 Number 1 Article 7 10-1-1958 Misconduct in the Marital Relation: Adultery as a Bar to Dower Harold A. Turtletaub Follow this and additional works at: https://repository.law.miami.edu/umlr Recommended Citation Harold A. Turtletaub, Misconduct in the Marital Relation: Adultery as a Bar to Dower, 13 U. Miami L. Rev. 83 (1958) Available at: https://repository.law.miami.edu/umlr/vol13/iss1/7 This Comment is brought to you for free and open access by the Journals at University of Miami School of Law Institutional Repository. It has been accepted for inclusion in University of Miami Law Review by an authorized editor of University of Miami School of Law Institutional Repository. For more information, please contact [email protected]. COMMENTS MISCONDUCT IN THE MARITAL RELATION: ADULTERY AS A BAR TO DOWER INTRODUCTION In what is a case of first impression,' a Florida district court recently 2 held that the Statute of Westminster was not a part of the law of Florida. The statute3 enacted in 1285 stated that "If a uqfe willingly leave her hus- band and go away and continuc with her advouterer," (emphasis added) she shall be barred of her dower4 unless her husband should afterward forgive her and take her back. In other vords, the common law doctrine declared that a wife would forfeit her dower if she voluntarily left her husband and committed adultery. It is the purpose of this article to discuss this ancient common law statute and its subsequent treatment by the various states of the Union. -
Domestic Contracts
5020_CCMW_DC_v5.qxd:FLEW 4/17/09 3:54 PM Page 1 FAMILY LAW FOR WOMEN IN ONTARIO Domestic Contracts All Women. One Family Law. Know your Rights. 5020_CCMW_DC_v5.qxd:FLEW 4/17/09 3:54 PM Page 2 Canadian Council of Muslim Women (CCMW) has prepared this information to provide Muslim women with basic information about family law in Ontario as it applies to Muslim communities. We hope to give answers to key questions about whether Muslim family laws can be used to resolve family law disputes in Canada. 2 DOMESTIC CONTRACTS 5020_CCMW_DC_v5.qxd:FLEW 4/17/09 3:54 PM Page 3 Domestic Contracts This booklet is meant to give you a basic understanding of legal issues. It is not a substitute for individual legal advice and assistance. If you are dealing with family law issues, get legal advice as soon as possible to protect your rights. For more information about how to find and pay for a family law lawyer, see FLEW’s booklet on “Finding Help with your Family Law Problem” on FLEW’s website at www.onefamilylaw.ca. Domestic contracts are legal agreements about intimate relationships. Marriage contracts, cohabitation agreements and separation agreements are different kinds of domestic contracts. You can use domestic contracts to set out certain terms for your relationship. You can also use a domestic contract to agree on your and your spouse’s rights and responsibilities in case your relationship ends. CANADIAN COUNCIL OF MUSLIM WOMEN (CCMW) 3 5020_CCMW_DC_v5.qxd:FLEW 4/17/09 3:54 PM Page 4 Domestic contracts are not legal unless they are in writing.