Dissertations / Theses on the topic 'Marriage breakdown'

Focussing on Scotland, this thesis adds a new perspective to the existing discussion surrounding marriage and marriage breakdown in the late twentieth century. It is the lived reality of marriage and marriage breakdown which is a key focus, using oral history and a range of contemporary and archival source materials. Whilst a renewed discursive emphasis on the 'companionate marriage' in the immediate post-war period is evident, in line with the social reconstruction ethos of the period, there existed alongside such enthusiasm a number of alternative, and often conflicting, contemporary discourses. With significant implications for marriage and family relations, sociologists and historians identify a further profound discursive shift as occurring during the 1970s, emphasising the increased availability of contraception, the emergence of second-wave feminism in Britain and landmark equality legislation as crucial factors intertwined with this. Perceived advances in terms of both mainstream ideology and legislation, including, for example, a revived feminist consciousness and the 1976 Divorce (Scotland) Act, did not influence marriage in a discursive vacuum but instead are likely to have integrated and competed not only with generic ideals regarding appropriate gender roles but also embedded local patterns of gender relations. Oral history is a particularly appropriate methodology with which to address this topic as it permits an otherwise unattainable insight into the experience of day-to-day life. Additional source materials drawn on include parliamentary, ecclesiastical and sociological commentary.

In January of 2001 the Government announced its intention to repeal Part 11 of the Family Law Act 1996. Originally scheduled for implementation in 2000, the Act had provided for fundamental changes to English divorce law, including removing matrimonial 'fault' from the divorce process, and encouraging mediation as the preferred method of dispute resolution. The Family Law Act began life as a set of recommendations intended primarily to bring marriages to an end with minimum hostility and distress. Yet what emerged from the policy 'process' was a piece of legislation that explicitly declared its support for marriage, and which imposed a framework of mechanisms designed to encourage couples to stay together. The first 'phase' of this thesis examines how the Act, with its dual aims of supporting and ending marriage, was reached. Initially the history of divorce law is traced. Through a series of interviews conducted with individuals involved in the Family Law Act 'process', the achievement of this 'middle-way' is then explored in detail. The second 'phase', drawing on a series of interviews conducted with individuals working with families on the ground, subsequently goes on to examine the 'street-level' response to marriage and relationship breakdown. Whilst national policy is something of a compromise between idealism and pragmatism, for those at street-level their work is unambiguously pragmatic - policy is constructed primarily in terms of a non-judgemental 'service' catering to the diversity of the modern family experience. The apparent success of this approach, particularly when compared to the 'failure' of the Family Law Act, prompts the question of whether there are lessons to be learnt for national policy. Indeed the study suggests that a new mind-set and approach akin to that operating on the ground is also needed at national level, if workable divorce law reform is to be achieved.

This thesis examines the issue of marriage breakdown in the British Armed Forces in light of claims that rates are double that of the civilian population. The research is situated within the context of existing research on the relationship between the service family and the military organisation. This thesis is distinctive in that it employs Bacchi's (1999) method of critical analysis to problem framing in Governmental policy and existing discourses on service families. The objective is to show how the impact of military demands on marriage and family life are framed by the media, politicians, and academics as a problem for the military, in relation to a tension that exists between retention and divorce. Attention to the effects of service life on families is therefore embedded in policy directives, and framed by concerns over the retention and recruitment of military personnel as implications for operational effectiveness. By re-focusing attention to the implications of marriage breakdown for service families this thesis constructs new problem frames, a key question being: what is problematic about marriage and marital breakdown for military wives? The empirical areas explored through in-depth qualitative interviews with a sample of ex-service wives from across the tri-Services are women s experiences and perceptions of marriage and family life, and of marriage breakdown in the military. This methodological approach is unique in that previous studies of service wives have focused on a single community. The voices and experiences of ex-service wives are noticeably absent in previous research, representing neglected routes to experience and knowledge that are vital to a more holistic understanding of the impact of military demands on the family. This thesis highlights the role of emotion in the socialisation of service families which has not been made in the existing literature to date. It has been acknowledged that the conceptual boundaries between the public and private spheres are practically non-existent where the military and service families are concerned. The interface between work and home can be explained in terms of the invisible emotion work service wives perform in support of husbands careers and the institutional goals of the military. This thesis is also distinctive in that it defines wives work in relation to the military in terms of emotional labour and the two-person career. As wives receive little recompense for this labour, responding to role appropriate emotions can have implications for the well-being of military wives, and illustrates the complex picture that emerges as to the reasons why military marriages might end. Factors linked to issues of marital adversity were: infidelity, domestic violence and emotional and psychological abuse, the effects of a culture of alcohol, and the impact of post-operational stress. In addition, family separation was viewed as creating emotional distance between couples. Many women became very independent and adept at coping with the military lifestyle, which created problems for the reintegration of personnel into family life. Moreover, husbands that were perceived by women to be married to the military, in terms of an institutional and social identity, were less satisfied with their relationships. This thesis concludes that the construct of the service family is embedded in institutional rules and regulations regarding marriage and family life, therefore current problematisations of marriage breakdown fail to reveal the difficulties experienced by families in navigating post-divorce family life. Non-intact families are rendered operationally ineffective, hence there are a number of consequences experienced by service families, and women and children in particular, that represent a far-reaching problem of marriage breakdown in the UK Armed Forces.

This thesis establishes that the redistribution of “matrimonial property” upon civil marriage breakdown is alien to Nigerian Family Law. A complete separation of property system operates in Nigeria. Comparatively, the thesis determines the suitability of some legal precepts existing in Australia, England and South Africa and how they could be employed in Nigeria. While Australia, England and South Africa have progressed with the tides and dynamism of the society, Nigerian law has remained unresponsive to the plight of spouses (especially female spouses) who are mostly financially disadvantaged on marriage breakdown. A default matrimonial property system, which is akin to the accrual system in South Africa, is proposed. The proposed matrimonial property system will preserve the independence and equality of spouses during marriage and upon its breakdown. A case is made for the recognition and enforcement of marital property agreements which will aid spouses in deciding how the financial and property aspects of their marriage will be regulated. The thesis, however, supports the recognition of the redistribution power of the courts, notwithstanding the matrimonial property system in operation. The courts’ discretion, in this regard, must be exercised sparingly, only when the justice of each case demands it. The need to give sufficient weight and valuable considerations to the indirect contributions of a homemaker and caregiver vis-à-vis the contributions of the breadwinner is advanced. The thesis takes the standpoint that concepts of equity and trust could play a vital role in the determination of the property rights of spouses on civil marriage breakdown. It concludes that there is a need to develop and improve the present legal framework on the property rights of spouses on civil marriage breakdown in Nigeria.
Thesis (LLD)--University of Pretoria, 2017.
Centre for Human Rights
LLD
Unrestricted

This is a study of the social and legal consequences of family breakdown in Nigeria as a whole but with specific reference to Borno State. It examines the effects of family breakdown on the husband and wife or wives and their children under the General Laws, Customary Law and Islamic Law of the people of Maidugurij Biu, and Gwoza areas of Borno State. The study covers the post-Independence period-i. e from 1960 to today. The aim of the study is to show how the social and economic changes in society affect the family at divorce. Although social change is part of any society, this study shows that the formal law on family breakdown and its consequences have not kept pace with social change, and that the dichotomy between state law and customary or Islamic law on family breakdown exists only in court. Thus the authority of the extended family, and within it, the dominance of men over womens, has not been specifically disturbed by the increasing Westernisation and rural-urban migration that has taken place since Independence. It is under this situation that the rights of women, property settlement on divorce, maintenances, and custody of children, as the main indicators of the consequences of family breakdown in any society has to be gauged. The role of the law and the state is also discussed. We argue that all the post-Colonial governments in the Federation were responsible for the present deplorable condition of victims of family breakdown not only in Borno State but throughout the country. Thus there has been no state-provided Social welfare to cater for deserted wivest children, and destitutes despite the ever increasing needs of such persons in a society that is rapidly changing. It is within this context that the effect of family breakdown on the people of Borno State is examined. The study argues that the various state authorities in Nigeria tend to abandon their responsibility to the family to the traditional customary institutions, such as the extended familyf which are now incapable of meeting the needs of victims of family breakdown. Moreoveri, the traditional family based economic system does not help women on divorce because it is predicated on the traditional power structure within the home which is in favour of men. on divorce, women are invariably left high and dry# and with few alternatives than to return home to their parents or other extended family members for support.

This doctoral thesis examines Punjabi-Sikhs, a transnational diaspora community, to consider the extent to which Canadian multicultural accommodation extends into the realm of Ontario family law and struggles with ethnic diversity. The findings of this thesis aim to prove the practical relevance of such research and it hopes to establish an interest in future projects on the access to justice needs of ethnic minorities. Marriage and marriage breakdown being the chosen site of analysis, the objective is to map the dispute processes parties employ, navigating between official and unofficial forums and actors. 'Law as process' literature is employed, including legal pluralism and dispute settlement studies, to examine the dynamic process of mitigating marriage breakdown within and outside of the official law. This thesis demonstrates that kinship-oriented Punjabi-Sikh transmigrants approach the official family law assuming that their justiciable issues can be upheld, whereas official law actors, guided by the liberal, secular and individual framework of Ontario family law, struggle to adequately comprehend and/or resolve such disputes. While some navigational factors, such as the presence of physical violence entail necessary legal intervention to secure individual human rights, others involve the instrumental use of the law to punish or manipulate the other spouse. Within the unofficial sphere, this thesis establishes that Punjabi-Sikh disputants resort to a variety of kinship and Sikhi-focused forums and actors before, in parallel and after family law proceedings. It is established that the multiple framework approach of Punjabi-Sikh disputants means that the official and unofficial spheres are utilised simultaneously to address marriage breakdown. For this legal ethnography, a mixed methodology approach is adopted, consisting of legal casework, coding, critical discourse analysis, and semi-structured interviews. The primary fieldwork data comprises both family law cases and interviews with married, separated and divorced Punjabi-Sikhs in the Greater Toronto Area of Ontario, Canada.

The institutions of marriage and family have existed throughout human kind and continue to do so as we enter the twenty first century. These are important institutions that prepare individuals as social actors. The progress of society from its traditional form to present levels of modernity, has come with many consequences for the institutions of marriage and the family. This has been witnessed by high rates of marital breakdown and single parenthood in almost all societies. The causes of marriage and family breakdown are many, and complex. It is a multi-factored problem which social scientists and policy makers are battling to come to grips with since its escalation has enonnous social, economic and political consequences. The biggest victims of marital breakdown are children. Unless society comes to grips with this social problem, the institutions of marriage and the family are at risk of collapsing. For society to continue to prepare future social actors, it is paramount that these two institutions are preserved.
Thesis (Ph.D.)-University of Durban-Westville, 2001.

碩士
國立雲林科技大學
科技法律研究所
99
The principle of the breakdown of marriage leading to divorce has been followed in most countries nowadays, in comparison to the principle of responsibility with nature of punishment implemented in the past. When the amendment of Article1052, Civil Code (Taiwan, ROC) was announced in 1985, Item 2 adopting the principle of negative breakdown of marriage was added in the same article of the code that provides: when the marriage can hardly be maintained due to the serious origin of an incident other than the preceding one, one party of the married couple can make a request for divorce. However, the denial of the offending spouse’s request for getting divorced has overlooked the reality of marriage that results in marriage in name only. The fact that many offending spouses even opt to cohabitate with other parties and raise children born out of wedlock has been the long-term result that leads to a circumstance that it’s getting more difficult to cope with family and social problems arising from such condition. In view of this point, the broken marriage poses restrictions on the offending spouse’s request for divorce due to the non-offending spouse’s reluctance to get divorced that exactly violates the nature of marriage. Therefore, the principle of absolute breakdown of marriage should be implemented in Taiwan. Staying the marriage may not be attributed to some women’s willingness to keep the broken marriage. The contemporary regulation governing divorce payment is the key factor affecting the decision made by these women who face broken marriage, as they will not be offered reasonable and appropriate guarantee that gives rise to their uneasiness over post-divorce life. The principle of absolute breakdown of marriage allowing the offending spouse to have the right of divorce action has been implemented in Taiwan to make divorce easy. It would be fair and equitable that planning for more complete divorce payment system should also be implemented to help those women seeking divorce to reduce economic impacts arising from divorce.

Vatican II provided the Catholic Church with an opportunity for deep reflection and to align its theological teachings with modern times. This reflection resulted in a resurgence of the importance of Christian marriage and family living. Beyond Vatican II, the Christian family has been described as a ‘domestic’ church. This description defines the family founded on marriage as a cornerstone for the church and society. The Church has realised that if she has to succeed in her mission of evangelisation, she needs to strengthen the families founded on the sacrament of marriage and also to take care of broken families. The theme of a ‘domestic church’ was further explored and discussed in the 1994 Special Synod for the Bishops of Africa. This synod strongly used the image of the family as an effective tool for evangelisation in Africa. The rationale for this emphasis was that the institution of the family founded on marriage is held in high esteem in Africa and it is one of the most important custodians of cultural values. This institution, the bishops argued, can now be used as a custodian for Christian values. Hence, the family founded on marriage will become a school where these values are cherished and taught to offspring. The family founded on marriage is celebrated across the global cultural spectrum. It is through the family that the age old wisdom of ancestors is propagated. This ensures the survival and the development of the different communities. Communities develop because they are built upon strong ethical, religious and cultural values which are safeguarded by the institution of the family founded on marriage. The Catholic Church teaches that marriage is the custodian of life. Marriage is about life. Hence, the respect of human life is safeguarded by the family. The collapse of such a pivotal institution has serious implications for the community. The institution of the family founded on marriage is presented in this thesis as a turn around strategy to the challenge of moral permissiveness in our country. It is a commonly accepted theory that development can only take place where there is stability. The lack of infrastructural development in most African countries is due to lack of political stability. Instability often results in chaos and anarchy. Marriage promises stability which is rooted in the self giving of the couples. Such an environment becomes conducive for human life to be propagated, nurtured and developed. It further creates a sense of being loved and belonging to the child. These qualities are essential for proper and integral human development. Furthermore, marriage ties together the goals of parenting, namely, procreation and parenthood and they are inseparable. They prepare children for social integration.The purpose of this research is to demonstrate how the institution of the family founded on marriage can help us develop a coherent moral vision in South Africa. This turn around strategy is proposed by systematically analysing the causes and consequences of family breakdown. The thesis establishes that the institution of the family founded on marriage is undergoing a crisis. This crisis manifests itself through single-parenthood, high rate of divorce, fatherlessness, etc. The consequences of this crisis are not favourable for individuals and the society.
Philosophy & Systematic Theology
D. Th. (Theological ethics)

This dissertation deals with an ethical analysis of marriage relationships among Tswana speaking Catholics in the light of the understandings of marriage of both the African and Christian traditions. These traditions have certain practices and perspectives that, if they are put together, can enrich marriage in all its aspects. The first two chapters analyse the practices and perspectives of marriage within the African and Christian traditions, while the third compares and contrasts them. The aspects dealt with are a) compatible values from African and Christian marriage and b) incompatible values from African and Christian marriages. In chapter four, the role of the Church in restoring the purpose and the meaning of marriage and what it can do to improve Catholic marriage relationships among Tswana speaking people are discussed and some practical suggestions are proposed.
Philosophy, Practical & Systematic Theology
M. Th. (Theological Ethics)

There is a rise in premarital and extra-marital sexual relations amongst some modern Zulus. The causes of this rise include the perpetual childhood of women in society and the political and socio-economic setting in South Africa. The results of this rise include teenage pregnancies and sexually transmitted diseases. In Zulu traditional sexual practice the publicity of love affairs curbed sexual promiscuity. Many people were involved in the love affairs of young people. This tradition broke down because of the political, religious and socio-economic changes in South Africa. The Catholic Church teaches that marriage is sacred; it is an institution of God, a sacrament. Therefore premarital and extra-marital sexual relations taint the integrity of marriage. A number of things can be done to alleviate the problem of premarital and extramarital sexual promiscuity. These include: changing the political and socio-economic structures of our country; empowering women; inculturation; and changing the pastoral attitude of the Church towards sexuality.
M.Th. (Theological Ethics)