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Divorce

Divorce. What have the following people all got in common?. 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

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Divorce

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  1. Divorce

  2. What have the following people all got in common?

  3. 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.

  4. 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.

  5. 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.

  6. 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

  7. Some statistics • Approximately 40% of all couples that marry in the U.K will get divorced. • In 1931, less than 4,000people got divorced. • In 2004 the number of divorces reached their peak at 165,000 • In 2009, the rate fell to 113,949

  8. 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.

  9. Why has divorce increased since the 1970s? • Legal changes • Impact of feminism • The Welfare State • Changing Social Attitudes • Secularisation • Rising expectations of marriage • Increased life expectancy

  10. 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

  11. 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.

  12. 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.

  13. 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.

  14. 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.

  15. 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.

  16. 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.

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