Grandparents are becoming increasingly important figures in the lives of their grandchildren and are often in the position of care providers. However, divorced grandparents and grandfathers in particular are less likely to provide care for their grandchildren. This article examines the reasons for this. Drawing on the literature on this subject, the authors first argue that divorced grandfathers are less likely than their married counterparts both to provide care and to provide care often. This may be because compared to married grandfathers they tend to: (1) have a larger number of children and grandchildren (because they often repartner after divorce); (2) live farther away from their offspring; (3) have less frequent contact with their offspring; and (4) be in poorer health. Using Czech SHARE (Survey of Health Ageing and Retirement in Europe) data from waves two and four, the authors show that divorced grandfathers in the Czech Republic are less likely to care for their grandchildren and provide frequent care primarily owing to the fact that they have less frequent contact with their children. The authors found no support for the assumption that the negative effect of divorce can be explained by the number of children or grandchildren divorced grandparents have, by their geographical distance from offspring or by their subjective health.
Socialisation in a single-parent family has been associated with negative consequences both in previous research and popular discourse. This article investigates whether this association may be different in a society with a high rate of divorce and extramarital fertility. Using data from the Czech contribution to the EU-SILC survey, it tests hypotheses concerning the difference between the current situation of adults who grew up in single-parent families and those who were raised in intact families. We look for the influence of socialisation on single-parent families in three areas—educational attainment, current partnership situation, and current family income. The results of regression analyses show that the differences between children from single-parent families and those from intact ones are very small in the area of education (the influence is apparent only at the secondary school graduation level, no difference is present at the tertiary education level), relatively weak in the area of partnership situation, and imperceptible from the viewpoint of family income. These results exclude a causal explanation for the influence of single-parent families on outcomes, cast doubt on selective principles, and open space for interpretation in terms of mechanisms of family de-institutionalisation.
The form of matrimonial property regime enshrined in the Code is the regime of separate property. The code frequently mentions separation of property of the husband and the wife, providing detailed rules of inheritance. Goods belonging to a woman passed to her heirs after her death. The property was divided also in the case of divorce. The article deals with divorce and the legal consequences of the dissolution of marriage as defined in the Gortyn Code. The author examines the issue of divorce initiative, blame for the break-up of marriage, rules of property distribution and penalties for the seizure of the husband’s goods by the wife. In addition, the author discusses the situation of children after their parents’ divorce.
The paper presents the institution of divorce in Russian law. Under the Family Code of the Russian Federation of 1995 there are two types of divorce proceedings: an administrative proceeding at registry offices and a court proceeding. The administrative proceeding is applicable upon the application of both spouses mutually agreed to a divorce who have no common minor children. In the cases provided for by the statute the administrative proceeding is also applicable upon the application of one of the spouses, in particular when the other spouse is recognized by the court as missing. The court proceeding is applicable in two main cases: upon the application of both spouses mutually agreed to a divorce who have common minor children and upon the application of one of the spouses when the other spouse does not consent to divorce. A characteristic feature of the regulation of the divorce in Russian law is that neither the public official at the registry office in an administrative procedure nor the court in a judicial procedure is authorized by law to dismiss the application for divorce filed by the spouses mutually agreed to a divorce or by the spouse entitled by the statute. The legislator in the Family Code provides some measures aimed at preventing dissolution of marriage but finally the decision to break marital relationship or to preserve it belongs only to each of the spouses.
The paper presents the nature of alimony obligation as a threat to the safety of an individual. The imposed charges affect the sense of security of the subject, as they cause a high probability of being in a critical position. While the issue concerning the alimony itself is a topical issue, the issue of the safety of indebted alimony fathers is ignored. The first part of the paper deals with the phenomenon of alimony evasion in general. Then the phenomenon of divorce and its consequences for a man were analysed. It also shows the difficulties that occur in attempts to normalize private and professional life.
The following study is devoted to some aspects of marriage breakdown. The publica-tion presents the premises for a divorce decision against the background of current legal reg-ulations. In the context of the author’s reflections on the practice of issuing rulings, the rea-sons which most often lead to a divorce have been indicated.
PL
Opracowanie jest poświęcone problematyce rozpadu małżeństwa. Publikacja prezentuje przesłanki umożliwiające orzeczenie rozwodu na tle aktualnych regulacji prawnych. W ramach refleksji nad własną praktyką orzeczniczą wskazano przyczyny, które najczęściej prowadzą do rozwodu.
The purpose of the paper is to present the problem of so-called “legal bigamy” in the light of the rulings of the District Court in Poznan. The marriage law regulations in The Second Polish Republic were completely different in various parts of the country and attempts to unify them failed. This situation caused significant problems: for example, many civil courts refused to recognize some of the divorce judgments issued by church courts in the former Russian partition because of their improper jurisdiction. The paper focuses on two matrimonial cases that were ruled upon by the District Court in Poznan. In both cases the District Court in Poznan was to decide whether divorce judgments issued by the church court of the Polish Orthodox Church in Warsaw were also binding in the former Prussian district.
The article’s focus is on the creation of the notion of divorce in online legal discourse. The study material comes from an Internet forum discussing legal issues. The analysis shows that divorce is generally presented as a conscious decision of an individual; one that requires preparation and often time and effort as well. Moreover, it is a crucial point in life at which the divorcees solve their current problems. The term is also associated with new opportunities and is often a chance to talk about human experience. The article distincts the most frequently-used words accompanying divorce: child, alimony, money and flat. It is worth noting that the studied material uses only one meaning of the word divorce, introduced by the Napoleonic Code and understood as ‚a dissolution of legally-valid marriage’.
This study investigates changes in the effect of parental divorce on the odds of union dissolution in children in the Czech Republic. Using survival analysis and Czech GGS data, it shows that the intergeneration transmission of divorce varied over marital cohorts to a significant degree. While parental divorce had insignificant effect in the oldest marriage cohort, it subsequently grew. In the 1980–1989 marriage cohort, the risk of divorce was 3.7 times higher among children of divorced parents than among children whose parents did not divorce. In the most recent marriage cohort (1990–2005), the parental divorce effect weakened but was still significant: children of divorced parents experienced a divorce risk that was twice as high that of children from intact families. This convergence of divorce risks resulted from two parallel trends: the rising divorce risk among children from non-divorced families and the declining divorce risk among children of divorce.
L’autore presenta e commenta la sentenza del Tribunale Supremo di Polonia con la quale è stata rifiutata la cassazione del attore presentata a questo Tribunale controla sentenza (contraria al divorzio) emanate dal Tribunale d’Appello il quale ha cambiato la sentenza del Tribunale di prima istanza (per il divorzio).
The presented research aimed to check how, depending on different experiences in the relationship with parents during childhood, young adults function in an intimate relationship. The style of attachment to a partner was the key research category. For this purpose, the Plopa Questionnaire of Attachment Styles and survey questions were used, which allowed estimating the total index of parents’ availability. 71 people (female 50,7%) in early adulthood participated in the study. Data collection was carried out in direct contact. The results showed that a higher level of accessibility of both parents in childhood coexists with a greater intensity of the secure style of attachment to a partner in an intimate relationship. The level of parents’ availability in childhood does not correlate with unsecured styles of attachment to a partner, both among adults coming from postdivorce and full families.
Parental alienation is a phenomenon that appears after the divorce or break-up in a situation, where there is high conflict between the separating parents accompanying the termination of the relationship. It includes actions intentionally taken by one of the sides, who is seeking to distort the relationship between the child and the other parent. As a result of the alienation, the child starts to excessively prefer the custodial parent and intensively reject the non-custodial parent. The discussion concerning parental alienation was initiated by Richard Gardner, a psychiatrist, who introduced the idea of PAS ‘parental alienation syndrome’. His concept was widely commented by its supporters as well as by sceptics and opponents, as a result of which its modified version, PA ‘parental alienation’, was developed. Published research concerning the subject can be found in English-language scientific articles as early as in 1998. However, in Polish academic literature parental alienation is almost non-existent. The objective of this article is to open a discussion on this subject. Apart from theoretical analysis of the phenomenon, the narratives of parents who believe to experience PA were analysed. The analysis regarded aspects such as: definition, characteristics and sources of parental alienation. The article analyses also actions, which are the alienated parents’ reactions to PA. The performed analysis was of netnographic nature.
Twierdzi się często, że liczba rozwodów w Stanach Zjednoczonych jest tak wysoka, iż jedno na dwa małżeństwa kończą się rozwodem. Jednak ta statystyka źle przedstawia rzeczywistość, wskazuje ona bowiem, że amerykańska skala rozwodów jest raczej ogólnie rzecz biorąc wysoka, chociaż jest ona znacząco niższa w pewnych grupach demograficznych (np. wierzących, osób z wyższym wykształceniem itd.). Artykuł niniejszy podzielony jest na dwie główne części. W pierwszej części wskazano na czynniki kulturalne wiodące do wprowadzenia w całych Stanach Zjednoczonych rozwodów „bez orzeczenia winy” (gdzie jedna strona może twierdzić, że małżeństwo jest „nieodwracalnie rozbite” i stąd otrzymuje rozwód). Część druga zawiera szczegółowe rozważania na temat badań nad „Narodowym Projektem Małżeńskim” (National Marriage Project – NPM), obecnie na uniwersytecie w Wirginii. NPM jest rocznym projektem badawczym mającym udokumentować stosunek Amerykanów do małżeństwa, rozwodu, i rodzicielstwa, i w świetle tych danych sformułować propozycje skierowane do polityków wskazujące na to, jak najlepiej wzmocnić małżeństwo i jego powiązanie z rodzicielstwem. Autor w rezultacie sugeruje, że NMP przedstawia model studiów nad małżeństwem, który powinien znaleźć naśladownictwo w Europie.
The increasing number of divorces and social acceptance of them require paying more attention to the consequences they cause. Psychological results of divorces appearing among divorced spouses, their children and even among adult children of divorced parents show what omitting God’s Law and the social norm of indissolubility of marriage lead to. The existence of these effects is confirmed by empirical studies led by Barbara Kaja among preschool children and by Henry Cudak among students of primary and middle schools. The long-term effects in adult children of divorced parents are described by Jim and Sally Conway, Judith Wallerstein and John Bradsaw. The negative effects of divorce are manifested in children in poor self-esteem, withdrawal or emotional overreaction to various life situations and problems with establishing relationships with others. Divorce is an everlasting ‘opportunity’ for having many negative experiences, depression as well as cognitive, educative, organizational and relaxation difficulties. It involves the loss of a real self-image and playing the role of somebody’s ‘lucky charm’, ‘scapegoat’ or something else. The results of family dissolution are lingering and far-reaching and cause never-ending suffering and spread from generation to generation. The results are not harmless to the establishment of future family ties and prove severely damaging to himself/herself, their spouse, children and society. Understanding these results and a reminder of the requirement of keeping wedding vows should be additional incentives for the intensification of divorce prevention.
The existence and scope of maintenance obligations between divorced spouses depend not only on their needs and income and property options, but also on the decision as to the fault for the breakdown of the marriage. Irrespective of the general reasons for the termination of the maintenance obligation as a result of the death of the entitled or obliged person, the Family and Guardianship Code provides for special cases of the termination of the maintenance obligation. The court may, at the request of the entitled person, extend this obligation if “exceptional circumstances” occur. The provisions do not provide for time limits on the obligation to pay maintenance to a spouse who had been found guilty of the breakdown of marriage. This obligation may be a burden for life if the former spouse does not remarry.
In the stream of recent years one can notice that divorces granted by the civil court in Poland constantly grow in number. The author observes that each di-vorce suit results from the tragedy of a matrimonial life, though not always from the fault of a spouse. He dedicates his considerations (1) to show how the Catholic Church defends the indissolubility of marriage, (2) to discuss the prob-lem of these divorced Catholics whose sacramental marriage has not been de-clared invalid by the Church court, (3) to analyze the legal and pastoral situation of these spouses who left their sacramental marriages for living in non-sacramental ones.
The purpose of this paper is to provide the framework to analyze the impact of shocks related to the COVID-19 pandemic on the level of divorce. The model takes into account family/marriage capital with its depreciation, investments in this capital and the costs of divorce. The problem faced by the agent is analyzed and formulas for the optimal division of income between consumption and investments in family capital are derived. Comparative statics is performed by calculating the signs of all derivatives of all variables with respect to all parameters. The analysis shows that a change in economic conditions has the least effect of any factor influenced by COVID-19 in changing the probability of a divorce. To the best of the authors’ knowledge this is the first mathematical model in the literature that covers the issues of the impact of a lockdown on the durability of marriages.
The purpose of this opinion is to assess the proposed amendments to the Family and Guardianship Code and other statutes (the Civil Registry Records Acts and the Stamp Duty Act). The author provides an analysis of the proposed amendments, including the possibility of dissolution of the marriage by declaration of intent by the spouses, the removal from the legal system of an instrument that allows the court to adjudicate on the guilt for the breakdown of marriage, or change in rules for adjudicating on alimony for a divorced spouse. She points to the doubts as to the compatibility of the proposed solutions to the Constitution, including in particular the principle of protection of the family
We live in a world where our values and beliefs passed from one generation to another are being redefined. The notions of marriage and family also receive different meanings. Persons involved in my research often stressed the great value they associate with this smallest social group. I think that their opinions and beliefs are the consequence of the fact that my interlocutors – as they admitted – did not experience things they were talking about themselves. On the other hand, their opinions about marriage and family are full of uncertainty and fear of impermanence. Such anxieties related to these crucial forms of relationships are typical of adult people. They do not seem to believe that their relationships can last forever. It is especially marriage that they see as impermanent, weak, and unstable, and as something likely to decay. They believe that the memories concerning their parents' divorce are proofs of their theories.
The aim of the article is to review the applicable normative acts related to the divorce of parents from the point of view of risk and the opportunities they create for the situation of the child and the family. The authors draw attention to the responsibility of social workers and family assistants in the process of supporting families in this crisis. The increasing number of divorces in Poland obliges researchers to undertake scientific discussions and conduct reliable scientific research, the results of which will also be changes in the practical approach of professionals working with families. The first part of the article focuses on the negative consequences of the development of children who are witnesses and victims of a family crisis and the relationship between children and parents. The authors emphasise the essence of tasks undertaken in social work addressed to the whole family experiencing a crisis caused by the breakdown of the parents’ marriage. In the last part of the article, the authors take up a polemic about supervision in social work, as an example of good practice in developing the competence of family assistants and social workers in their professional work.
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