Topic 5- Changing Family Patterns: Divorce Flashcards
Changing patterns of divorce.
What is the increase of divorces in the UK since the 1960s?
ONS shows that the number of divorces doubled between 1961 and 1969, and doubled again by 1972. It peaked in 1993 at 165,000
How many marriages will end in divorce and why?
In 2012, the number of divorces fell to 118,000- this was still about six times higher than in 1961. This demonstrated that about 40% of all marriages will end in divorce.
One reason for the fall in divorces since the 1990s
Fewer people are marrying, and instead choose to cohabit.
Who mostly applies for divorces and why?
Around 65% if petitions for divorces come from women. Usually this is because of the unreasonable behaviour of her partner. This contrasts 1946 as only 37% of petitions had come from women.
What are some factors that make a more risk for divorce?
Couples who marry young
Have a child before they marry
Cohabit before marriage
One or both partners had been married before.
Divorce Law in 1857
Men could divorce unfaithful wives, but women also had to prove husbands’ cruelty or another matrimonial offence in addition to adultery. Divorce still very costly.
How many divorces were there in 1921?
3,000 divorces
Divorce law in 1923
Grounds for divorce equalised for men and women.
Divorce law in 1937
Grounds widened to include desertion and cruelty.
How was divorce made more accessible in 1949?
Legal aid available, making divorce more affordable.
How many divorces were there in 1961?
27,000 divorces- nine times higher than in 1921.
What Act was passed in 1969 in regards to Divorce Law?
Divorce Law Reform Act: The idea of a matrimonial offence or ‘guilty party’ was abolished. This made ‘irretrievable breakdown’ of marriage the sole ground for divorce, established by proving unreasonable behaviour, adultery, desertion, or separation either with or without consent. Divorce available after two years’ agreed separation, or five years if only one spouse wants divorce.
Divorce law in 1984.
The minimum period after a marriage before a divorce petition could be filed was reduced from three years to one.
Divorce law in 1996
Family Law Act: encouraged couples to seek mediation but allowed divorce by agreement after a ‘period of reflection’.
Divorce Law in 2004.
Civil Partnership Act: allows for legal dissolution of a civil partnership on the same grounds as for a marriage- irretrievable breakdown.
Divorce law in 2007.
Appeal Court ruling: in divorce settlements, the odín iole of equality applies, so the starting point is 50-50 split if all assets, including salaries and pension rights.
Divorce law in 2014
Same-sex marriages become law. Same grounds for divorce apply to both same-sex and opposite-sex couples.
Divorce law in 2022.
No Fault divorces: allows couples to divorce without assigning fault.
