Tag Archives: Divorce

Scottish court orders man to pay £39,500 to woman after failed cohabitation

From the Scotsman.

Excerpt:

A LANDMARK Supreme Court ruling, in which a man has been ordered to pay his former partner compensation after they separated, could open the doors for thousands of claims from unmarried couples who split up, a family lawyer has claimed.

In yesterday’s judgment, the Supreme Court ruled that Angus Grant should pay Jessamine Gow £39,500 after the cohabiting pensioners’ relationship ended.

The right to compensation for unmarried couples became available under section 8 of the Family Law (Scotland) Act 2006, but had not been tested in the Supreme Court until yesterday.

[The ruling] does create a precedent that could allow unmarried couples to seek financial compensation similar to that available to divorcing couples, but without the assumption of an equal division of assets.

Last night, a family law expert warned that it could affect thousands of couples and lead to a rush for “cohabitation agreements” – a kind of pre-nuptial for the unmarried – from people planning to move in together.

[…]Robert Wright, professor of economics at Strathclyde University, said: “It will make people rethink cohabitation, rethink marriage. It might lead to people waiting longer, so we could see less cohabitation, less marriage and less fertility.”

Are people responsible for the damage caused by their own free decisions? According to the court, they are not.

Dina sent me this UK Daily Mail article by Melanie Phillips, which comments on this story.

Excerpt:

The relentless war against the family in Britain continues in the highest court of the land. Baroness Hale, the veteran ‘lifestyle choice’ radical who, as a member of the UK Supreme Court, is the country’s top female judge, has called for cohabiting couples to be given more legal rights.

[…]For sure, cohabitation often results in hardship, very much more so indeed than marriage. Cohabitation breaks down far more frequently than marriage, and even more so after the birth of any children. Cohabitation is therefore one of the most significant factors behind Britain’s catastrophic and galloping phenomenon of mass fatherlessness, the single most important cause of so much misery and harm for both children and adults, and the major cause in turn of unquantifiable damage to society.

If people want to avoid the hardship they very understandably fear will result from the absence of legal protection under cohabitation, they can choose to get married. That’s what marriage is for. To bestow this legal protection upon cohabitation is to turn the ratchet of family breakdown another notch. First you undermine marriage by removing the stigma of ‘living together’, illegitimacy and unmarried motherhood; then you turn the ratchet by hymning the sanctity of ‘lifestyle choice’ and the social acceptability of cohabitation as an alternative to marriage; then you turn it again by bestowing the benefits of marriage upon un-marriage, thus incentivising a socially destructive phenomenon which will create yet more misery and harm.

Lady Hale’s call is not for justice in family life but gross injustice. It is yet another boost to our rights-without-responsibilities, something-for-nothing, me-first culture which has already advanced the destruction of family life in Britain, created regional deserts of social and moral breakdown and made victims out of the most vulnerable.

My biggest concern about this is the message that it sends to men who are already turning away from the responsibilities of marriage. Men already have to contend with no-fault divorce, a massive repression, etc. which causes them to doubt the reasonableness of marriage at this time. This ruling will push them even further away from relationships with women, by making even cohabitation threatening financially. I don’t think that the judge in this case realizes the incentives that are being created by this decision. When men see that relationships with women that go beyond just sex are becoming more costly and risky, they will stop doing that. Why take the risk of being cleaned out financially? My prediction is that this short-sighted ruling will push men and women further apart, so that sex without any structured relationship becomes the norm, and children have even less of a stable environment in which to grow up.

People are more inclined these to complain that men need to “man up” and get married, but it is important to consider what the incentives are for men. Are we doing a good job of educating men with practical skills, encouraging job creators with lower taxes and less regulation, and lowering the legal risks of marriage for men? Are we encouraging women to understand men and to respect them, which is the main thing that men are looking for in a marriage? Are we encouraging women to be chaste so that men are encouraged to perform at a higher level to earn a woman’s commitment to him in marriage? If we are not giving men incentives to marry – or even to cohabitate – then we mustn’t be surprised when men decide that other things are more rewarding than marriage.

Marcia Segelstein’s article on chastity in the newest issue of Salvo magazine

Here’s the article that is available online on the Salvo Magazine web site.

Here’s a bit about the author, Marcia Segelstein:

Marcia Segelstein, a senior editor of Salvo, is a part-time writer and a full-time mother. A former senior producer for CBS News, she has also written for First Things, Touchstone, and OneNewsNow.

And here’s a snippet from the article:

Dr. Jenell Williams Paris is the author of The End of Sexual Identity: Why Sex Is Too Important to Define Who We Are. She told Relevant that Christians need more than rules to live chastely. What’s often missing, Paris believes, is a compelling story and an understanding of the “whys” behind the rules. To explain what she means, she uses the example of parents teaching their little girl to look both ways before crossing a street:

A young child may follow this rule solely because of the power of her parents’ authority, which is appropriate. As she grows, the child [continues to look both ways,] but for a deeper reason that she owns for herself. She sees the broader context of traffic, understands the benefits and dangers, and makes choices accordingly. Rules are external and authority-bound: Maturity requires knowledge of why to do the right thing, not just what the right thing is.

Chris Jessee is the Youth and Family Pastor at First Baptist Church in Waynesville, Ohio. Last year, he organized an event in conjunction with True Love Waits, an organization that promotes abstinence till marriage, and several area churches. Unlike other such events he’s been involved with, he included parents in this one. “Every year we did True Love Waits without the parents, we were missing out on a critical aspect of it,” he explained in an interview. “I believe parents are the key element when it comes to discussions of purity with teens.”

In his view, the church’s role should be to encourage and train parents to address abstinence issues with their children. Echoing Dr. Paris’s approach, Jessee believes a critical aspect of that training is providing both parents and their teens with the “whys” they need to defend their faith and its practices. Merely laying out the rules isn’t enough.

Statistics back up Jessee’s views on the crucial role of parents. A study conducted by the National Campaign to Prevent Teen and Unplanned Pregnancy, titled “With One Voice 2010,” asked teens aged 12 to 19 who is most influential when it comes to decisions about sex. Almost half, 46 percent, said their parents were most influential, with friends coming in second at 20 percent.

That’s exactly right – we need to have reasons and evidence when talking about chastity – and call young people up to a higher standard of romance, intimacy and commitment. They need to know what they are getting by embracing chastity, and not just what they are giving up. On my blog, I often post about the research that shows the benefits of chastity, as in this previous post. I love chastity and I highly recommend it – especially to Christian men.

And yes – I really did write the sidebar for this article, and you can see it online. The sidebar is about practical tips for chastity. It’s based on some of my previous posts on how to be chaste. The older I get, the more I thank God that I still have my wits about me when it comes to women. Chastity allows you to be very circumspect about women and to make sure that they really are as good as you think they are and that they really can do the things that you need them to do in a marriage.

Why is it so hard for a working man to provide for a family these days?

Here’s my argument which answers the question:

  1. Feminism was behind no-fault divorce.
  2. Making it easier to divorce means that more divorces will occur.
  3. Marital instability causes women to vote for bigger government.
  4. In the latest election (2008), exit polls showed that UNMARRIED women voted 3-1 for Obama.

*Please note that I am talking about unmarried women throughout this post.

Here’s the evidence for each point.

1. Feminism was behind no-fault divorce, according to this feminist, pro-no-fault-divorce writer.

Excerpt:

Households of 2010 don’t look quite like they did in 1969, when no-fault divorce actually was a controversial topic and these counter-arguments held some weight. The working dad/stay-at-home mom model of the middle class has been replaced by two-parent earner households and a growing number of working mom/stay-at-home dad arrangements. In working poor and impoverished families, the one-parent provider model was never the norm. No-fault divorce seemed scary when it had never before existed, but the truth is that its introduction was long overdue. Feminist groups at the time supported no-fault divorce, as it provided women an escape hatch from desperately unhappy marriages in a society where they were already disadvantaged on almost every level, regardless of their marital status. Imagine an abusive marriage in 1968, when the court-savvy abuser could actually force the victim to stay in the relationship forever. Imagine that now, and you know why domestic violence attorneys are in full support of introducing no-fault divorce to New York. And the judges aren’t the only problem.

Note that the author of this piece thinks that it is not women’s fault that they choose men who they then want to divorce. It’s not the woman’s fault that she is unhappy with the man she courted with and then chose and then made vows to – women need a no-fault escape hatch, and children do fine without fathers.

2. Easier divorces means more divorces.

Abstract:

This paper analyzes a panel of 18 European countries spanning from 1950 to 2003 to examine the extent to which the legal reforms leading to “easier divorce” that took place during the second half of the 20th century have contributed to the increase in divorce rates across Europe. We use a quasi-experimental set-up and exploit the different timing of the reforms in divorce laws across countries. We account for unobserved country-specific factors by introducing country fixed effects, and we include country-specific trends to control for timevarying factors at the country level that may be correlated with divorce rates and divorce laws, such as changing social norms or slow moving demographic trends. We find that the different reforms that “made divorce easier” were followed by significant increases in divorce rates. The effect of no-fault legislation was strong and permanent, while unilateral reforms only had a temporary effect on divorce rates. Overall, we estimate that the legal reforms account for about 20 percent of the increase in divorce rates in Europe between 1960 and 2002.

It seems obvious, but more evidence never hurts.

3. Marital instability causes women to vote for bigger government for security.

Excerpt:

Giving women the right to vote significantly changed American politics from the very beginning. Despite claims to the contrary, the gender gap is not something that has arisen since the 1970s. Suffrage coincided with immediate increases in state government expenditures and revenue, and these effects continued growing as more women took advantage of the franchise. Similar changes occurred at the federal level as female suffrage led to more liberal voting records for the state’s U.S. House and Senate delegations. In the Senate, suffrage changed voting behavior by an amount equal to almost 20 percent of the difference between Republican and Democratic senators. Suffrage also coincided with changes in the probability that prohibition would be enacted and changes in divorce laws.

[…]More work remains to be done on why women vote so differently, but our initial work provides scant evidence that it is due to self-interest arising from their employment by government. The only evidence that we found indicated that the gender gap in part arises from women’s fear that they are being left to raise children on their own (Lott and Kenny 1997). If this result is true, the continued breakdown of the family and higher divorce rates imply growing political conflicts between the sexes. 19

Bigger government must be paid for by higher taxes, of course, which makes it harder for one working man’s income to provide for a family. In fact, feminists wanted men to be displaced as sole-providers. They would prefer that women are “equal” to men, and that means making women get out and work like men. Feminists had every reason to want bigger government and higher taxes to make traditional single-earner families unfeasible financially. They did it for equality.

4. Women are in fact observed to vote for bigger government. (Original story was here, now pulled)

Excerpt:

On Tuesday, the nation made history. It made history in electing the first African American president; it made history in building a bigger margin for the first female Speaker of the House; it made history in delivering the biggest Democratic margin since 1964; it made history in sending a record number of people to the polls and the highest percentage turnout since the 1960 election. Analysts will spend the next few months sifting through the data, trying to figure out what happened and why. Historians will likely spend the next several years and decades studying this election, as well. But one thing is immediately clear. Unmarried women played a pivotal role in making this history and in changing this nation. They delivered a stunning 70 to 29 percent margin to Barack Obama and delivered similarly strong margins in races for Congress and the U.S. Senate. Although unmarried women have voted Democratic consistently since marital status has been was tracked, this election represents the highest margin recorded and a 16-point net gain at the Presidential level from 2004.

And since the Democrats took the House and Senate in 2006, and then the Presidency in 2008, the national debt has doubled from 8 trillion to 16 trillion.

Voting for Democrats means voting for bigger government which means voting for higher taxes to pay for it all. Higher taxes means that a married man can no longer retain enough of his earnings to support a family. And that means his wife has to work, and that means that his children will learn what the government schools decide they should learn – so that all the children will be equal and think the same (pro-government) thoughts. This should not be controversial, because it is what it is. Very often, women complain about the very problems that they themselves have caused with their own voting, and their own embrace of feminism and rejection of the traditional roles of men as protectors, providers, and moral/spiritual leaders.

So, you have women voting to defund actual providers so that they are free to make babies with good-looking non-committing, non-providers – like in the UK Daily Mail story that I recently blogged about. Feminists often don’t want to share parenting duties with a man – they prefer government social programs instead of a man. And liberal feminist politicians also oppose encouraging traditional marriage with tax breaks. In the feminist UK, IVF is free – paid for by the British taxpayer (including male sole-providers!) making single motherhood by choice much more common. Here’s the result of that: single mother of 10 receives 30,000 British pounds per year in benefits. A recent study showed that the cost of family breakdown to the American taxpayer is $112 billion per year and a recent UK study showed that the UK taxpayer pays 9 billion pounds per year for “problem families”. This money is in addition to the growth of government caused by liberal voting patterns, documented above.

And that’s why “a man working full time [cannot] actually support a family and buy a house, as the sole income earner”, as one philosopher recently asked.