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Marriage The state of being united to a person of the opposite sex as husband or wife in a legal, consensual, and contractual relationship recognized and sanctioned by and dissolvable only by law Divorce numbers vs. Marriage numbers in Canada Divorce The legal dissolution of a marriage.
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Marriage The state of being united to a person of the opposite sex as husband or wife in a legal, consensual, and contractual relationship recognized and sanctioned by and dissolvable only by law
Divorce The legal dissolution of a marriage.
When a Marriage is performed most time the vows are tied to a religious belief. Many religions have different views on the sacred vow of marriage and the termination of the vow.
Buddhism began in 563 BCE • Buddhists believe in non-self indulgence • They also believe in the unity of two souls (marriage) • Buddhists accept that marriages do fail in some cases, and therefore accept divorce • They accept divorce because if they did not it would be going against the 1st precept
The Five Precepts • refrain from destroying living creatures • refrain from taking that which is not given • refrain from sexual misconduct • refrain from incorrect speech • refrain from intoxicating drinks and drugs which lead to carelessness
The reason Buddhists believe that not being able to divorce someone is going against the 1st precept is because it also refers to the emotional well being of a person. They believe that it is better for a person to escape the marriage than stay and be melancholic. Buddhists will only accept divorce as a way out of a marriage when every other method to keep the couple together has failed. The couple is advised to make actions in the interest of any children they have together.
Adultery Cruelty desertion for two years, religious conversion rape mental abnormality venereal disease physical separation and absence Leprosy Sodomy/bestiality Hinduism began in 1500 BCAccording to the Marriage Act 1955(India) Divorce can be sought out for these reasons
According to this act any spouse can petition for an alimony. What happens to the children is never clear. Courts have to decide the matter on the individual merits of each case. The number of divorces in Hindu societies is much less compared to other western religions. This doesn’t mean that Hindu families are perfect there are still couples that stay together for fear of public humiliation, for the children, and social disapproval.
Islam began in 610 a.d • Discourages divorce as much as possible but does make provisions. • The married couple is to seek reconciliation at the first sign of a possible divorce. • If the reconciliation step fails then the man and woman are guaranteed their right to divorce. (Qur’an).
Many believe that the man has absolute power in divorce. Scholars used to believe that if a man filed for the divorce then the reconciliation step was omitted. There are differences in what happens to the children if divorce does arise. Some say that custody is awarded to the mother if the child is young and if older than custody is granted to the father.
Judaism began in 1300 BC • Judaism has supported the idea of divorce for many years. • They believe that it is impossible to escape it if the marriage is already deteriorating. • The process of divorce is nothing but easy and short unless the wife has committed adultery.
A man could divorce his wife for no reason at all (Talmud gave permission) The woman who is the partner had no say in the matter Now it is prohibited for a man to separate from his wife against her will. Some Jewish laws still force a man to divorce his wife if she has committed adultery. Past vs. Present
If a man decides to divorce his wife for no reason or little reason than he must began paying her amounts of money according to the ketubah. If a woman wishes to divorce her husband she must speak to a rabbinical court to force her husband to divorce her A man may not remarry an ex-wife if she has already re-married herself.(Deut 24: 1-4) If the man declines the woman’s request he most likely will see himself banished from the community.
CATHOLIC CHURCH
Catholic Church began in the Roman Empire • The bible refers often to marriages therefore a common event. • Performing the marriage sacrament is to bring one closer to God. • A separation under civil law does not affect the bond of marriage under the Catholic Church.
4 approved reasons for a divorce • desertion • Adultery • imminent danger of grave PHYSICAL harm to spouse or children • imminent danger of grave SPIRITUAL harm to spouse or children
It is believed that another marriage after the first divorce cannot be conceived as real if the first marriage was. If they do remarry they cannot receive Eucharist. There is a difference between the spouse who has tried to save the marriage and is abandoned by the other and the spouse who has 'willfully destroyed' the marriage. They have committed no sin. The Catholic Church finds divorce as immoral because it does not provide order in a family and society, they also find divorce as a ‘plague’ on society. (CCC 2385)
Although, the pope has been saying that lawyers who are defending these cases and bringing them to the court, are encouraged not to do so. He says that many problems arise in a marriage and the lawyer rather than trying to get the couple to go through with the divorce, should try to keep the couple together