In my disertation I'm going to focus mainly in divorce consequences on children, children's psychological condition and their future lives. Part of this disertation is also literary recherche which is focused on family, divorce and divorce consequences. Theoretical part is also drafter like that. We will also deal with family in historical context because we can find some connections with present in which divorces are becomming more and more common. Besides history we will deal with family functions and arrangings. In divorce part we will focus on different kinds of divorces. Chapter about after divorce child care is also included. The last chapter is focused on directly on consequences of a divorce. We are dealing with kids' psychological condition and life attitude. Practical part is focused on qualitative research done by in-dept interview. Participants were kids attending secondary school and adults whose parents went through divorce when they were attending secondary school and they are looking back to those events.

The main aim of this dissertation "Life context of a pupil of divorced parents" is to describe how parent's divorces influence children and their future life. In theoretical part I will define basic terms such as family, marriage, divorce and its causes. In the following part I will focus on after divorce childcare and reactions of children on divorce. Practical part is focused on both quantitative and qualitative researches. Quantitative research is conducted by questionnaire survey and qualitative research is carried out by in-depth interview. Participants in both studies were pupils who attend second grade of elementary school. The aim of this part is through a combination of questionnaires and interviews to determine how divorce affected these pupils.

Die Zahl der Scheidungen nimmt sowie in Deutschland als auch in Korea zu. Das heißt, es wird für mehr Menschen wichtig, mit welchen finanziellen und anderen Folgen ein geschiedenes Paar zu rechnen hat. Sehr oft ist die Ehefrau in einer sozial schlechteren Position, weil sie wenige Beschäftigungsmöglichkeiten auf dem Arbeitsmarkt hat als der Mann und weil sie sich um die Kinder kümmert. Die Gesetze hinsiehtlich der Scheidungsfolgen wurden in Deutschland genauer ausgearbeitet als in Korea. In Korea sind sie häufiger Ermessensentscheidungen des Gerichts als in Deutschland. Drei wichtige finanzielle Möglichkeiten im deutschen Recht sind Zugewinnausgleich, der nacheheliche Unterhaltsanspruch und der Versorgungsausgleich. Zwei wichtige finanziellen Möglichkeiten im koreanischen Recht sind der Vermögensteilungsanspruch und der Schmerzensgeldanspruch. Das Rechtssystem von beiden Länder sind unterschiedlich. Ein Unterschied zwischen Deutschland und Korea ist, daß der Ausgleich der Rentenversorgung in Deutschland eine wichtige Scheidungsfolge ist und in Korea wenig entwickelt ist. Die unterschiedlichen Rechtssysteme werden verglichen. / The number of divorces increases both in Germany and in Korea. That means that it is important for a larger number of people to know what financial and other consequences a divorced couple have to face. Very often the wife is in a socially worse situation, because she has fewer job opportunities and she cares for the children. The law of consequences after a divorce is more exactly worked out in Germany than in Korea. In Korea it is more often a matter of opinion of the court than in Germany. Three important financial possibilities in Germany are equalization of the surplus, maintenance after divorce and equalization of the pension. Two important financial possibilities in Korea are claim of propertyshares and claim of damages for pain and suffering. Both systems of law are different. A difference between Germany and Korea is that in Germany the equalization of the pension ist very important and not worked out in Korea. I compare both the German and Korean law system.

This study aims to present an alternative framework with which to view the phenomenon of parental divorce and its perceived consequences for adult children of divorce in committed relationships. Research done within the traditional Newtonian framework is reviewed and its limitations explicated. The epistemological presuppositions of the new epistemology are presented along with their implications for conducting research. The importance of description as research methodology is emphasised. Written descriptions from various adult children of divorce are presented. Metadescriptions, by the author, are presented. These metadescriptions, based on the presuppositions of the new epistemology, highlight the value of describing the patterns of organisation which characterise the committed relationships of adult children of divorce. It is concluded that an alternative approach, based on the new epistemology, enlarges our understanding of the adult child of divorce within the context of a committed relationship. / Psychology / M.A. (Psychology)

My choice of dissertation subject was influenced by the fact that there is a increasing number of divorces in recent years. This fact is supported by data from the Czech Statistical Office, which imply that every second marriage ends in divorce. It is impossible to define a clear-cut cause of the trend, because the decision to get divorced is influenced by many factors. These include the increasing pace of social changes, different approaches to problem-solving and to life in general, a specific argument between the partners that leads to a deep and lasting disharmony between them and many others. A divorce is a painful matter for all those involved. It influences broad areas of everyday life and has consequences for the adults as well as for the children (in the case of a divorce where children were born during the marriage). When the family situation is so unsettled that a compromise is difficult to find, it is possible to use an institution or a facility, which can offer social counselling according to law no. 108/2006 of the Collection of Laws on social services, in full wording. We differentiate between basic and professional social counselling. In the case of divorce, professional counselling is appropriate and can be accessed for example via counselling units for families, marriages and interpersonal relations which have this service properly registered within their remit. The extent of the use of these services was the research subject of this dissertation. The aim of this dissertation was to ascertain if families going through a divorce are accessing social counselling to resolve their situation and with what effect. To accomplish the stated aim, three investigative questions were chosen. 1.From what sources are the families informed about the possibility to take advantage of social counselling? 2.How does taking advantage of social counselling help families undergoing a divorce to resolve the life situation? 3.What do the families gain as a result of taking advantage of social counselling? A qualitative research strategy was chosen to collect the necessary information, using a survey method. Two techniques were used firstly the questionnaire containing closed questions and secondly the technique of in-depth interviews of selected respondents. The research was split into two phases. During the first phase a questionnaire with closed questions was used to establish which of the families took advantage of social counselling during divorce. During this phase the basic research set S1 was formed by the subset of respondents that went through divorce. This totalled 47 respondents chosen by the "snowball sampling" method. Using this method the chosen subject recommends further respondents that fulfil the conditions of the research. All 47 respondents agreed to fill in the questionnaire. The second phase of the research involved interviews with respondents forming the selective subset S2. This subset was created using quota selection from respondents who answered YES to the first question of the questionnaire.This select set was formed by 5 respondents. The interviews were transcribed into a recording form and the gathered data was further classified based on predefined questions or areas of the research enquiry, followed by analysis and comparison with the answers of other respondents. The purpose of this dissertation was to show, based on research carried out, if and to what extent the service of social counselling is used, which opportunities it offers and how it benefits the people taking advantage of these services. It was clear from the results, that the utilisation of these services is limited by the fact that a significant number of divorcing families, for whatever reason, does not look for this help. Conversely, the respondents that used social counselling benefited from this service whilst solving problems associated with their divorce, often simplifying the process.

This study aims to present an alternative framework with which to view the phenomenon of parental divorce and its perceived consequences for adult children of divorce in committed relationships. Research done within the traditional Newtonian framework is reviewed and its limitations explicated. The epistemological presuppositions of the new epistemology are presented along with their implications for conducting research. The importance of description as research methodology is emphasised. Written descriptions from various adult children of divorce are presented. Metadescriptions, by the author, are presented. These metadescriptions, based on the presuppositions of the new epistemology, highlight the value of describing the patterns of organisation which characterise the committed relationships of adult children of divorce. It is concluded that an alternative approach, based on the new epistemology, enlarges our understanding of the adult child of divorce within the context of a committed relationship. / Psychology / M.A. (Psychology)

Le phénomène de conventionnalisation du droit de la famille, plus précisément le rôle assigné à la volonté individuelle lors d'un divorce se développe de manière exponentielle. Les sources des obligations conventionnelles étant multiples, il convient de définir les éléments qui les composent. Le contrat ne constitue pas l’unique source des obligations conventionnelles. Cette catégorie doit comprendre l’ensemble des actes juridiques conventionnels. Ceux-ci se définissent comme des manifestations de volonté produisant des effets de droit.En droit du divorce, nombreux sont les accords de volontés que les époux peuvent conclure afin de régler les conséquences patrimoniales et extra-patrimoniales de leur rupture. Cette place croissante, accordée par la loi aux volontés individuelles dans l’aménagement des conséquences du divorce, invite à s’interroger sur la qualification des accords conclus par les époux. L’étude des obligations conventionnelles nées du divorce permet de démontrer que des contrats de droit commun s’épanouissent dans le droit du divorce et que parallèlement des conventions du divorce, caractérisées par l’intervention du juge, se développent en marge des principes issus du droit des contrats.En définitive, dans un contexte où est promue la liberté individuelle, les contrats de droit commun constituent un instrument privilégié pour des époux qui souhaitent organiser les conséquences patrimoniales de leur rupture. Cependant, l’ordre public familial inhérent au domaine extra-patrimonial persiste. À cet égard, il faut souligner que la théorie générale des obligations n’a pas vocation à mettre en péril l’état des personnes qui par nature doit demeurer indisponible. / The phenomenon of conventionalisation of family law and more precisely the role assigned to individual will in divorce has been increasing exponentially. As the sources of conventional obligations are multiple, it appears essential to define the variouselements that make up this specific group. Contracts are not the only source of conventional obligations. This last category should include all conventional legal acts which can be defined as expressions of will intending to produce legal effect.In divorce law, the voluntary agreements spouses are allowed to conclude in order tosettle the patrimonial and extra-patrimonial consequences of their separation are numerous. The growing importance given by law to individual will in order to settle the consequences of divorce calls for the examination of the genuine qualification ofspouses’ agreements. The analysis of the conventional obligations originating from divorce demonstrates that common law contracts flourish in divorce law while, at the same time, divorce agreements develop on the fringes of the guiding principles of contract law. Regarding these conventions, judges’ interventions add to individual willso as to reach perfect agreements. Eventually, in a context where individual freedom is promoted, common law contracts are a privileged tool for spouses who wish to organize themselves the patrimonial consequences of their separation. However, matrimonial public order legislation remains and cannot be dissociated from the extra-patrimonial field. In this regard, it should be noted that the general theory of the law of obligations does not intend to endanger the status of persons which must inherently remain inalienable.

Because women are predominantly responsible for childcare, men are the primary income earners. Having acquired the marital assets, on divorce the husband would retain them in a marriage out of community of property. The wife would be left deskilled, financially dependent, with little likelihood of receiving spousal maintenance and with no marital assets. In 1984 the Matrimonial Property Act and in 1988 the Matrimonial Property Law Amendment Act introduced a judicial discretion to equitably redistribute marital assets in certain marriages out of community. This dissertation argues that the bases for the limitation of the judicial discretion to women married before a certain date are unsound and that the limitation arguably violates the equality clause of the Constitution. / Law / LL.M.

Because women are predominantly responsible for childcare, men are the primary income earners. Having acquired the marital assets, on divorce the husband would retain them in a marriage out of community of property. The wife would be left deskilled, financially dependent, with little likelihood of receiving spousal maintenance and with no marital assets. In 1984 the Matrimonial Property Act and in 1988 the Matrimonial Property Law Amendment Act introduced a judicial discretion to equitably redistribute marital assets in certain marriages out of community. This dissertation argues that the bases for the limitation of the judicial discretion to women married before a certain date are unsound and that the limitation arguably violates the equality clause of the Constitution. / Law / LL.M.