Sociology - Families & Households - Divorce
Divorce
♥ Divorce is one form of marital breakdown; the other two types of marital breakdown are separation & empty-shell marriages (“stay together for the kids”)
♥ The divorce rate is defined as “the number of people/1000 of the population who are divorced.”
♥ Generally the U.K. has one of the highest divorce rates in Europe
♥ There has been a steady rise in the Divorce rate in most modern industrial countries
♥ The actual number of divorces in the U.K. rose from 25,000 in 1961 to 146,000 in 1997
♥ For every 2 marriages in the U.K. in 1991 there was 1 divorce. (SOURCE: Social Trends 1991)
♥ The proportion of the population who were divorced at any one time was 1% in 1971 and 9% in 2000
♥ The average length of marriage before it ends in divorce has remained about 12 years (SOURCE: Census 2001)
♥ Although the divorce rate is increasing, divorcees are remarrying again. In 2001 40% of all marriages were re-marriages.
Why is the divorce rate increasing?
Explaining why divorce is increasing consists of a combination of social, cultural and political/legal reasons. Availability and acceptability are buzz words in the divorce debate.
Legal reasons for the increase in divorce.
♥ Divorce is easier to obtain - Legal changes have made it easier and cheaper to obtain divorce (decree absolute)
♥ Before 1857 divorce was rare, it was only obtainable through a private act of parliament. (Expensive!!)
♥ The Matrimonial Causes Act was brought in 1857. Courts were specifically set up to deal with divorce. Men could obtain divorce on the grounds of the wife’s adultery, women had to prove other offences e.g. cruelty or desertion. This discrimination was removed in 1923.Matrimonial offence Act remained the grounds for obtaining divorce until 1971.
♥ In 1937 divorce was made easier because the Matrimonial Offence Act was extended to include insanity, desertion & cruelty.
♥ In 1949 the Legal Aid and Advice Act provided financial help to those involved in divorce who could not afford legal costs.
♥ During the 1960’s public opinion favoured a relaxation of divorce laws.
♥ In 1969 the Divorce Reform Act was introduced (& was made law in 1971) it was no longer necessary to prove guilt but to show the marriage was beyond repair. (Grounds for divorce = irretrievable breakdown of marriage)
♥ Couples could divorce by mutual consent after 2 years separation. If one partner objected to the divorce then it was 5 years separation.
♥ In 1984 the Matrimonial & Family Proceedings Act reduced the time limit for divorce from a minimum of 3 years to one year.
♥ In 1996 the Divorce Reform Act advised a “cooling off period and Mediation” before couples divorced.
♥ LEGALISATION = LIBERALISATION
Social & cultural reasons for divorce.
♥ High expectations of family life. Particularly young women have high expectations of marriage which the gain through portrayals of romantic love in teenage magazines.
♥ Changes in the roles & status of women. Better employment opportunities made women less dependant on men. More women are now taking on the breadwinner role / welfare state.
♥ Privatisation of the family. The family is now separated from wider kin, family members have to rely on each other for emotional support etc which places too much of a burden on the family unit.
♥ Changing attitudes. Society is more tolerant and understanding of marital breakdown. Ideas about divorce in relation to children also changed. Marriage based on conflict is regarded to be more harmful to children than divorce/separation.
♥ Unemployment and poverty. Financial hardship & loss of self esteem can place a strain upon marriage.
♥ Secularization. Religion no longer has a hold over how people live their lives and many church leaders now accept divorce as a way of life.
♥ Demographic changes. There is a change in life expectancy; people are living longer so there is less pressure to find “the one” at an early age.
♥ Divorce is one form of marital breakdown; the other two types of marital breakdown are separation & empty-shell marriages (“stay together for the kids”)
♥ The divorce rate is defined as “the number of people/1000 of the population who are divorced.”
♥ Generally the U.K. has one of the highest divorce rates in Europe
♥ There has been a steady rise in the Divorce rate in most modern industrial countries
♥ The actual number of divorces in the U.K. rose from 25,000 in 1961 to 146,000 in 1997
♥ For every 2 marriages in the U.K. in 1991 there was 1 divorce. (SOURCE: Social Trends 1991)
♥ The proportion of the population who were divorced at any one time was 1% in 1971 and 9% in 2000
♥ The average length of marriage before it ends in divorce has remained about 12 years (SOURCE: Census 2001)
♥ Although the divorce rate is increasing, divorcees are remarrying again. In 2001 40% of all marriages were re-marriages.
Why is the divorce rate increasing?
Explaining why divorce is increasing consists of a combination of social, cultural and political/legal reasons. Availability and acceptability are buzz words in the divorce debate.
Legal reasons for the increase in divorce.
♥ Divorce is easier to obtain - Legal changes have made it easier and cheaper to obtain divorce (decree absolute)
♥ Before 1857 divorce was rare, it was only obtainable through a private act of parliament. (Expensive!!)
♥ The Matrimonial Causes Act was brought in 1857. Courts were specifically set up to deal with divorce. Men could obtain divorce on the grounds of the wife’s adultery, women had to prove other offences e.g. cruelty or desertion. This discrimination was removed in 1923.Matrimonial offence Act remained the grounds for obtaining divorce until 1971.
♥ In 1937 divorce was made easier because the Matrimonial Offence Act was extended to include insanity, desertion & cruelty.
♥ In 1949 the Legal Aid and Advice Act provided financial help to those involved in divorce who could not afford legal costs.
♥ During the 1960’s public opinion favoured a relaxation of divorce laws.
♥ In 1969 the Divorce Reform Act was introduced (& was made law in 1971) it was no longer necessary to prove guilt but to show the marriage was beyond repair. (Grounds for divorce = irretrievable breakdown of marriage)
♥ Couples could divorce by mutual consent after 2 years separation. If one partner objected to the divorce then it was 5 years separation.
♥ In 1984 the Matrimonial & Family Proceedings Act reduced the time limit for divorce from a minimum of 3 years to one year.
♥ In 1996 the Divorce Reform Act advised a “cooling off period and Mediation” before couples divorced.
♥ LEGALISATION = LIBERALISATION
Social & cultural reasons for divorce.
♥ High expectations of family life. Particularly young women have high expectations of marriage which the gain through portrayals of romantic love in teenage magazines.
♥ Changes in the roles & status of women. Better employment opportunities made women less dependant on men. More women are now taking on the breadwinner role / welfare state.
♥ Privatisation of the family. The family is now separated from wider kin, family members have to rely on each other for emotional support etc which places too much of a burden on the family unit.
♥ Changing attitudes. Society is more tolerant and understanding of marital breakdown. Ideas about divorce in relation to children also changed. Marriage based on conflict is regarded to be more harmful to children than divorce/separation.
♥ Unemployment and poverty. Financial hardship & loss of self esteem can place a strain upon marriage.
♥ Secularization. Religion no longer has a hold over how people live their lives and many church leaders now accept divorce as a way of life.
♥ Demographic changes. There is a change in life expectancy; people are living longer so there is less pressure to find “the one” at an early age.