Topic 23 Divorce

Question 1

outline the law on divorce

Answer 1

1. since marriage is a legal bond, if a couple want to legally end their relationship then must go thru legal process of divorce -> matrimonial causes act of 1857 allowed divorce, but it was difficult as infidelity alone was not grounds for divorce
2. now, can only divorce if: adultery, unreasonable behaviour, desertion, two years separation w conset, five years separation w out consent, and since 2020, ‘irretrievable breakdown’ which takes blame away from divorce
   -> makes it easier to get divorced, nobody to blame, one party can apply, more affordable -> however ppl could rush in to it + devalues marriage

Question 2

outline ways in which divorce affects individuals

Answer 2

1. financial and housing implications
2. emotional impact, can lead to depression, guilt, anxiety and lack of trust
3. logistics of caring for children can become tricky, as well as talking to children about the reasons for the marriage breakdown

Question 3

outline implications of divorce on society?

Answer 3

1. more children brought up by single parents, often by mother, missing father figure -> studies have shown that single parent families more likely to engage in antisocial behaviour + crime -> negative effect on society
2. children of divorcees more likely to experience realtionship breakdown later in life as prob repeats

Question 4

outline implications of divorce on religious communities

Answer 4

1. devalues marriage which is sacrament -> goes against God’s plan for humanity as intends for man + woman to be in relationship for life
2. leads to breakdown of families which underpin society in xian tradition
3. can lead to distrust hurt and regret which can get in way of relationship w God

Question 5

How many marriages in UK are thought to end in divorce?

Answer 5

1/3

Question 6

outline non religious attitudes to divorce

Answer 6

1. acceptable part of life - 2022 law has made it cheaper and easier, and thus more common - 1/3 of marriages thought to end in divorce
2. divorce can provide closure for couples with broken down relationships, no point in staying together, and can be less painful -> for women, means can escape an unhappy marriage, as nowadays not dependent on husband for income and can afford divorce and can work
3. life expectancy = longer thus marriages = longer -> divorce more common in over 60s as many older ppl feel can help make changes in life and have a fresh start once children have left home

Question 7

explain different religious views on divorce

Answer 7

1. RCC -> don’t suppor`t divorce -> marriage seen as sacrament which is a rite of passage that involves God -> nothing should be undone by God who is eternal, omniscient and omnipotent -> even if divorced, still married in eyes of lord, and subsequent relationship = adultery Matthew 19 anyone who divorces his wife and remarries commits adultery -> early church father authority, St Augustine in the Good of Marriage reemphasises this -> natural law - ordered society, divorced families is not ordered, children can’t learn as well as can w mother + father
2. CofE -> if there are clear circumstances eg adultery, abuse, divorce = accptable -> vicars may be remarried divorcees, as recognise trends in scoiety + that divorce is lesser of two evils as ppl can be victims of abuse -> don’t promote it however, seek authority within bible, Matt 19 and marriage vows ‘till death do us part’ insinuate that marriage = for life, except in marital unfaithfulness
3. Quakers -> more accpeting of divorce, marriage service does not have strength of vows for life that RCC and CofE have -> act in line w conscience no condemnation of any divorced Quaker, recognise that ppl need to get divorced due to abuse and adultery

Question 8

outline RCC annulment

Answer 8

1. an annulled marriage is a marriage that was not eternally bound by God, so it is void
2. can be granted if: marriage was forced, underage, there was hiding of information such as impotency or infertility, or the marriage isn’t consummated

bishops in diocese assess case and decide whether or not marriage was valid -> if it is anulled free to remarry

Question 9

explain Christian responses to remarriage

Answer 9

1. RCC -> couple may separate and live apart but cannot divorce and may never remarry -> divorce cannot exist, thus remarriage would be adultery -> Mark 10 jesus says if a man divorces his wife and remarries = adultery + st paul -> ‘a wife must not separate from her husband. But if she does, she must remain unmarried’
2. CofE -> remarriage in a church is allowed under certain conditions, the cofe relaeased advice for priests - they should consider: whether enough time has passed since divorce for everyone to recover + whether there are complicating factors from prev marriage eg court proceedings/child support payments -> how many times each party has been divorced -> whether relationship was cause of breakdown of prev marriage
3. quakers -> allow remarriage at discretion of members of montly meeting, allows second chance and relies upon conscience of those involved

Question 10

outline non religious views on remarriage

Answer 10

1. non religious ppl don’t see marriage as any form of contract including god, so accpeting of remarriage after divorce
2. some may choose to simply cohabit as have become sceptical of institution of marriage