Divorce Flashcards
Outline the increase in divorces in the past
- Since the 1960s, there has been an increase in divorces in the UK.
- The number of divorces doubled between 1961 abd 1969, and doubled again by 1972. The upward trend continued, peaking in 1993 at 165,000
Outline the decrease in divorces in the past
Since then the numbers have fallen, with 80,057 divorces in England and Wales in 2022
What is a reason for the fall in divorces?
Since the 1990s, fewer people are marrying in the first place and are choosing to cohabit instead
Describe who are the applicants for divorce
- About 65% of applications for divorce now come from women. This is in sharp contrast to the situation in the past
- e.g. in 1946, only 37% of petitions came from women. The commonest reason for a women to be granted a divorce is the unreasonable behaviour
What are the couples that are more likely to get a divorce?
Couples whose marriages are at greatest risk include those who marry young, have a child before they marry or cohabit before marriage, and those where one or both partners have been married before
Outline all the explanations for the increase in divorce
- Changes in the law
- Declining stigma and changing attitudes
- Secularisation
- Rising expectation of marriage
- Women’s increases financial independence
- Feminist explanation
- Modernity and individualisation
What are the 3 types of changes in law affecting divorce?
Laws have made divorce easier, such as:
- Equalising the ground: Allowing women to give the same legal reasons as men for divorces
- Widening the grounds: Allowing more reason for people to use to secure a divorce
- Making divorce cheaper
Describe the effects of these types of changes in law on divorce
- When the grounds were equalised in 1923, there was a sharp rise of divorce petitions for women.
- The widening of the grounds in 1971 to ‘irretrievable breakdown’ made divorce easier to obtain and produced a doubling of the divorce rate.
- The introduction of legal aid for divorce cases in 1949 lowered the cost of divorcing. Divorce rates have risen with each change in the law
What are other solutions instead of divorce?
- Desertion: one partner leaves, but the couple remain legally married
- Legal separation: court separates the financial and legal affairs of the couple but they remain married and aren’t free to re-marry
- ‘Empty shell’ marriage: where the couple continue to live under the same roof but remain married in name only
But as divorce is easier, these solution have become less popular
Give evaluation for the changes in law explanation for divorce
Although it has given people the freedom to divorce more easily, this doesn’t in itself explain why more people should choose to take advantage of this freedom
Describe the role of stigma and attitudes in divorce
- Stigma refers to the negative label, social disapproval or shame attached to a person, action or relationship.
- e.g. churches tended to condemn divorce and often refused to conduct marriage services involving divorcees
How does declining stigma and changing attitudes affected divorce?
- Mitchell and Goody note an important change since the 1960s has been the rapid decline in the stigma attached to divorce
- As stigma declines and divorce becomes more socially acceptable, couples become more willing to resort to it
- And the fact that divorce is more common begins to ‘normalise’ it and reduced stigma attached to it. Rather than being seen as shameful, it’s now just seen as a misfortune
Describe secularisation
- Refers to the decline in the influence of religion in society.
- Many sociologists argue religious institutions and ideas are losing their influence and society is becoming more secular.
- e.g. church attendance rates continues to decline
How has secularisation affected divorce?
- Due to secularisation, the traditional opposition of the churches to divorce carries less weight in society and people are less likely to be influenced by religious teachings when decisions on personal matters like whether to file for a divorce
- At the same time, churches have begun to soften their views on divorce, as they fear losing credibility with large sections of the public and with their own members
Outline how rising expectations of marriage affect divorce
- Functionalists like Fletcher argue the higher expectations people place on marriage today are a major cause of rising divorce rates
- Higher expectations make couples less willing to tolerate an unhappy marriage