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Divorce and the Issue of Reforms - Essay Example

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College
Essay
Law
Pages 3 (753 words)

Summary

This essay is intended to talk about the issue of divorce and the reforms related to it. Historically, family law either imposed a prohibition on divorce or adopted a faulty approach in which divorce is only permitted on specific and restricted grounds such as adultery and desertion.

Extract of sample
Divorce and the Issue of Reforms

The researcher of this essay was aimed to discuss the issues and the history of divorce as well as the reforms, that are related to it. Historically, family law either imposed a prohibition on divorce or adopted a fault approach in which divorce is only permitted on specific and restricted grounds such as adultery and desertion. Under fault, the presumption is that one spouse is guilty of a matrimonial offence which is responsible for the failure of the marriage and the law makes provision for its dissolution by the innocent party in adversarial court proceedings. The greatest social costs of divorce are usually incurred by children, especially when the divorce process is bitter and acrimonious. In an attempt to minimize unnecessary hostility, the Family Law Act places stress on the role of mediation in resolving disputes over asset division and child custody. However, evidence from the US suggests that divorce education which functions to equip parents with communication skills and reduces the exposure of children to conflict may be more effective in ameliorating some of the negative effects of divorce on the life chances of children. In summary, there is a hesitant trend in recent initiatives in family law to recognize that a good marriage and a good divorce both require mastery of basic relationship skills. It is concluded that better in the long run is to adopt a preventive rather than a reactive approach which teaches personal communication skills as an integral component of the school curriculum.

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