Download - Divorce
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.