Thursday, March 15, 2018

MARRIAGE AND DIVORCE

DIVORCE & RE-MARRIAGE

CIVIL DIVORCE

1. The introduction of divorce in any society abolishes the right to life-long indissoluble
marriage by making 'for life' become 'as long as'.

2. Inhibitions: Some spouses, fearing the ever-present threat of divorce, pull their punches
out of fear of provoking their partner into leaving.

3. The absence of divorce allows people to enter into marriage with a greater sense of commitment, and within marriage they will take their commitment more seriously. Where marriage is permanent couples are more inclined to struggle to make a success of their marriage; with divorce, they are more inclined to give up.

4. The absence of divorce invariably means that individuals are more cautious in selecting a
partner because marriage is seen as permanent.

5. The unity and indissolubility of marriage ensure a greater security and stability in the
relationship.

6. It is not simply failed and problematic marriages that are dissolved; divorce also destroys
happy marriages.

7. In difficult circumstances, once the option for divorce is taken, spouses are inclined to act
consistently and follow through on their decision.

8. The availability of divorce introduces instability and uncertainty into the marriage.

9. Children: There is little doubt that parental divorce is a major disruption in children's lives.

10. Divorce has no basis in human rights.

11. Law: It has been argued that the law cannot make people morally good. However, while
you cannot by Act of Parliament make a person morally good, you can by Act of Parliament
supply the conditions which facilitate the growth of moral goodness and remove conditions which obstruct it.

Moral convictions need the support of law. For example, legislators introduce controls
on video nasties or on pornographic satellite TV realising that moral convictions require such legal supports.

It is common sense that laxity in the law, e.g. through the introduction of divorce, makes decent living more difficult for all.

12. Divorce, once introduced, gathers pace.

13. The machinery of the State switches sides and actively facilitates people who wish to
abandon their pledge of lasting fidelity and who seek to remarry.

14. Good of Society: Because divorce damages society, a prohibition on it should not be seen as lacking in compassion but rather appreciated as an attempt by the State to help promote the
stability of marriage and family life and, in a particular way, to protect the welfare of women and
children.

15. While society highly prizes both marriage and family life, the universal experience is that divorce legislation results in more people availing of it.

16. Government Support: In the short term the government should provide adequate
support for the institution of marriage.

If society wants to have successful marriages and strong
family life then there must be a similar commitment to the legal and social conditions which will
encourage these.

17. The individual, rather than the family or the institution of marriage itself, is a starting
point in the realm of principle for many proponents of divorce.

18. The provision of a right to remarry rewards infidelity.

19. Divorce indirectly results in serious long-term social disorder.

20. Finance: Divorce is a very expensive activity. Many second families are broken up
because of the tension over supporting the first family.

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