NCJ Number
152558
Journal
Canadian Journal of Women and the Law Volume: 6 Issue: 2 Dated: (1993) Pages: 269-279
Date Published
1993
Length
11 pages
Annotation
This article examines the impact of divorce on the financial circumstances of women who receive custody of the children and suggests ways in which attorneys for women in divorce proceedings and family courts can address this situation.
Abstract
Relying on legislative guidelines, Canadian family courts, since 1985, have used the standard of "economic self-sufficiency" as a test for determining the financial responsibilities of the parties to one another following the divorce. Women in the 35- to 50-year-old bracket have particularly suffered from the application of this sole criterion, since many of these women chose a quasi-traditional lifestyle in which job-related responsibilities were minimized to allow for the raising of the children of the marriage. Between 1971 and 1986, the number of women living in poverty increased by 110 percent while the number of men in this situation increased by only 24 percent during the same period. The impact of marriage breakdown on women can only contribute to their poverty. Attorneys who represent women in divorce should explain fully and clearly to their clients their rights to support. Further, attorneys should explore the issue of financial self-sufficiency and the criteria applied by the courts. The doctrine of judicial notice is also relevant to divorce proceedings. This doctrine was developed to enhance the efficiency of adversarial legal proceedings. It gives the parties considerable control over the evidence to be introduced before the court. The doctrine of judicial notice has evolved to include economic and social facts. The impact of marriage breakdown on women is the sort of factual issue that calls for the application of the judicial notice doctrine. 39 footnotes