DIVORCE

WHAT HAVE THE FOLLOWING PEOPLE ALL GOT IN COMMON?

KEY TERMS

DIVORCE Means the legal termination of a

marriage. This has 3 stages petition, a

decree nisi and decree absolute. Not all petitions reach the decree

absolute stage.

KEY TERMS

SEPARATION This may be an informal physical

separation of the couple or it may be a legal separation through a magistrates court.

The couple live apart but are still legally married.

Figures for this are not so reliable.

KEY TERMS

EMPTY SHELL MARRIAGE

The marriage has broken down but the couple still live together and are still legally married.

The marriage exists in name only. This number has declined as divorce

has become more available.

KEY TERMS

DIVORCE RATE This is a more reliable guide to the

level of divorce than simple numbers. It takes into account the size of the

population and number of marriages. Usually expressed as the number of

divorces per 1000 married couples

SOME STATISTICS Approximately 40% of all

couples that marry in the U.K will get divorced.

In 1931, less than 4,000 people got divorced.

In 2004 the number of divorces reached their peak at 165,000

In 2009, the rate fell to 113,949

THE GENERAL TREND Figures for divorce have risen dramatically over

the last century. Although the general trend in numbers divorcing

has been upwards, there have been several periods when the number has declined – the early 1920s, the 1950s, the 1990s and now most recently.

There has also been times when the figure has risen rapidly – usually during or after wartime, or following changes in the law. (1916-1920 numbers trebled, 1936-40 numbers doubled, 1941-50 numbers increased 5 fold, 1969-1972 numbers doubled)

The number of couples getting divorced has fallen for 6 years in a row from a high in 2004.

The average age for divorce increased very slightly for both men and women, to 44 and 41.5 respectively in 2009.

WHY HAS DIVORCE INCREASED SINCE THE 1970S?

1. Legal changes2. Impact of feminism3. The Welfare State4. Changing Social Attitudes5. Secularisation6. Rising expectations of marriage7. Increased life expectancy

1. LEGAL CHANGES Prior to 1857 – divorce only available through private act

of parliament. Very costly, upper class only. 1857 – new divorce court. Double standard for men and

women. From 1897 – separation orders available for the working

class. 1923 – Women placed on equal footing with men,

adultery only to be proved. 1937 – Other grounds included, desertion, cruelty and

unsound mind. 1949-50 – Legal Aid Act gave assistance to those who

couldn’t afford to go to court. 1970 – Divorce Reform act – No longer had to be a guilty

party. 1985 – The Matrimonial & Family Proceedings Act: time

limit for divorce reduced from 3 to 1 year. 1996 – Family Law Act required a ‘period of reflection’ of

18 months and compulsory marriage counselling sessions

2. IMPACT OF FEMINISM

About three quarters of divorce petitions are from women.

Women have become more independent due to greater equality in the workforce.

Women are less financially and emotionally dependent on men.

3. THE WELFARE STATE

State benefits help divorced women – especially those with children For example: Jobcentre Plus can help

with childcare costs as long as you place your child with a registered childcare provider and you are doing something connected with your chosen career.

4. CHANGING SOCIAL ATTITUDES

Divorce has lost its stigma partly because there is so much of it.

In the past, divorce was rare and seen as scandalous.

5. SECULARISATION Secularisation is

the decline of the influence of religion in society.

People are less likely to be influenced by religious teachings when considering divorce.

6. RISING EXPECTATIONS OF

MARRIAGE Functionalists argue that people find the reality of marriage disappointing.

In the past, people would often marry for economic reasons, today most people marry ‘for love’ and happiness.

7. INCREASED LIFE EXPECTANCY

If you marry in your late twenties you can expect to live for another 50 years.

This may mean people are more prepared for divorce if they fall out of love.

In the past they may have been prepared to stay in a loveless marriage as they would have fewer years to spend together.