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The Return to Fault-Based Divorce (2 Viewers)

Nousiainen

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If a couple want a divorce, they should get one. There shouldn't be unnecessary red tape imposed by the government to try to prevent something that a couple want to get out of, especially if the person proposing such an idea is saying it due of his religious background that states that "divorce is bad".
 

Iron

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Na, the governemnt has an interest in making sure that working families are working. It's the basic unit of a society and the strength of the family will usually reflect the strength of the nation
 

loquasagacious

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Infidelity leaves children haunted | smh.com.au

Derrick Jackson in the Boston Globe said:
Even granting that we all make mistakes, it never ceases to boggle the mind how men, particularly those who stake out high moral ground in politics or build a pristine public image as athletes, lay waste to it all in an act of passion.....

..."When a parent has an affair that is disclosed, the landscape of the family changes. It can't be denied," said Janis Abrahms Spring, author of several books on family relationships, including extra-marital affairs, and a former clinical supervisor in Yale University's psychology department.

"There are often two losses for the child," she said. "The hurt partner is often filled with anxiety and depression and is not available to the child the same way as before. The unfaithful parent is off with the affair person and not available to the child. The family blows apart."
The message here would seem that infidelity is an incredibly destructive force in families and has major effects on children... how then could we countenance a policy which would encourage infidelity as the only way out of a troubled marriage? Why should we deny a couple a civilised end to their marriage?
 

Iron

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What a horrible misinterpretation of the aim and effect of fault-based! Making it harder to leave a marriage will decrease the chances of infidelity. If the marriage is troubled, then the partners will know that they have to work at it and resolve differences like adults, rather than running scared at the first sign of conflict or difficulty. They will also be more likely to do this because they will enter the marriage knowing the law and will therefore take their courting and vows with utter seriousness and genuine committment
 

loquasagacious

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In a fault based divorce the only way out is to demonstrate that one spouse is at fault. So if we assume that for whatever reason a marriage is not working, despite all attempts to make it work, then one or both spouses must commit adultery to dissolve the marriage. Or am I missing something here?
 

Iron

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In a fault based divorce the only way out is to demonstrate that one spouse is at fault. So if we assume that for whatever reason a marriage is not working, despite all attempts to make it work, then one or both spouses must commit adultery to dissolve the marriage. Or am I missing something here?
There are loads of causes. I think that fraud would be the most likely sought excuse on your scenario - i.e. that one spouse was led to believe some false thing about the other spouse which caused him/her to marry. Obviously assault would be a catch-all last-resort, but ofc shouldnt be relied upon to occur - i.e. a husband smacking up his wife in order to get a divorce. At the end of the day, blaming one partner carries too high a cost to start these tricky things friviously. My feeling is that the causes will most likely be genuine, but most marriages will only be strengthened by the resolve to reconcile differences, for the sake of their reputations, children etc. I cant buy your idea that one partner will form an intense desire to leave the marriage because they simply no longer 'like' the other partner and will therefore do crazy things to escape.

I'm not sure that i'm so romantic. I have some basic belief that any man and woman who genuinely get on with eachother for ~6mths, get to know eachother very well etc can spend a lifetime together if they want to. It's all a matter of willpower. I dont want to get too religious (perish the thought), but any Catholic will tell you that setting sunday aside for confession, communion and family time is basically essential to a healthy marriage.
 
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