Divorce: In 1857, The Matrimonial Cause Act

Numerous states enacted divorce legislation in the 1780s and 90s. Generally, divorce laws were more liberal in the West than they were throughout the rest of the nation.

There has been a long history regarding reform proposals and recommendations surrounding the law of divorce. The first legislation which was introduced in divorce law was the Matrimonial Causes Act 1857, which allowed people to obtain a divorce. However, today the provisions within that act are outdated, yet, it represented society in 1857. In 1937, legislation altered to catch up with societal changes and additional grounds of divorce were introduced. This again occurred in 1973, where legislation changed altering the grounds and facts in which a divorce could be obtained. This is the current legislation relied upon today.

There is a staggeringly large amount of divorces in the United States (US). In total, the US had a recorded total of 2,140,272 marriages in the year 2014 alone, and of those marriages, 813,862 ended up in divorce or annulment (Center for Disease Control). This means that as recently as 2014, there was a divorce rate of approximately 40%. This supports the statistics that the divorce rate for the US has stayed within 40-50% since the 1970’s (Austin Institute, 2014). While the numbers themselves are important, it is also important that the causes for the high divorce rate be explored, so that it can be known what pitfalls to avoid when participating in such an important union as marriage. There are many causes of divorce in the US such as conflicting gender roles, socioeconomic status, religious conflicts, physical abuse, emotional abuse, alcohol addictions, and many more (Amato & Previti, 2003). This paper will look at many of these reasons, but it will also focus on the differing reasons reported by men and women.

People most often simply lived apart or separated from one another. The Matrimonial Causes Act of 1923 equalized the grounds for divorce by allowing woman to sue an adulterous husband for divorce.

The most recent studies show that 42% of Marriages now end in Divorce and that they are on the increase, although recent statistics contradict this fact, as they show that Divorce Rates are decreasing each year. In 2011, there were 117,588 divorces, compared to 121,779 in 2008, and a staggering 153,176 in 2003, a decrease of 30% in 8 years (ONS, 2008-2011)

As generations pass by, divorce is becoming more of a social norm than a problem between two individuals. Divorce once was a private household issue but it became widespread only a couple of decades ago. According to the statistics, in the 1950s only 3% of families got divorced and in the 1960s it was already 10%. In the 1980s, 33% of families opted for divorce due to various environmental factors. Recent studies in Canada today, show that the rate of divorce is changing to an extent such that 4 in 10 marriages end in separation. Divorce is a sensitive concept which lies beyond two individuals simply falling out of love as is both the cause and an effect. The many factors that contribute to divorce are extramarital affairs, financial struggles, and the lack of communication.

Divorce is a very common word in today's society. According to the American Heritage Dictionary, "divorce is the legal dissolution of a marriage or a complete or radical severance of closely connected things"(Pickett, 2000). This dissolution of marriage has increased very rapidly in the past fifty years. In 1950 the ratio of divorce to marriage was one in every four; in 1977 that statistic became one in two. Currently one in every two first marriages results in divorce. In second marriages that figure is considerably higher, with a 67% average (National Vital Statistics Report, 2001). One critical aspect of divorce is often not taken into consideration: How it affects children. Every year 1.1 million children are affected by divorce

Divorce is such a personal and common thing in America. There are so many couples who go through the act of divorce every day. According to Kanewicher and Harris (2014), forty to fifty percent of couples will end in divorce within the first few years of marriage. Divorce is the legal dissolution of a marriage by a court or other competent body. There are many factors that may lead couples into divorce. Some of those factors are, marrying too young, low education levels and overall just lack of preparation (Kanewischer, 2015). Although divorce is common now, it was not like this back in the late 1900’s. Divorce was not allowed and most of the time people did not want to get divorce because of all the time and effort they put into their marriage.

Divorce is a rising social issue in the United States of America, but it is not a new concept. Divorce has been a social issue since at least 1867 when for every 35.9 marriages, one couple were to get a divorce (Huth, 1947). Although divorce is not a new concept, it has become more social acceptance which is raising the divorce rate over the years. Another controversial topic in divorce is when the two people divorcing have a child or children together. Approximately 150,000-200,000 children in the United States of America are affected by divorce yearly (Huth, 1947).

Due to its adverse reputation, divorce was not widely practiced throughout the Puritan era (Smith). However, it was not classified directly as a sin itself (Smith). Divorce was rather the product of one’s sin; often blamed towards one party rather than both. In the early Puritan days divorce was only allowed under certain conditions. Such circumstances include death, adultery, false contract, neglect and violence, desertion, and failure to provide (Smith). With adultery, neglect and desertion, only the innocent party is free to remarry (Webster). Divorce was a means of keeping family safe and social order intact (Smith). Couples that found a mutual discordancy had to remain married until

Britain has the highest divorce rate in Europe according to official EU statistics (Eurostat, June 2001). Each year, 2.7 people per thousand of the population get divorced in Britain compared with the EU average of 1.8 per thousand.

Monogamy was out, ‘free love’ thrived, and divorce represented freedom. Enough people wanted divorce by the late 1960’s that the pressure was on to change the law.

In the world today, many men and women believe divorce is always a dreadful thing that occurs, but there is actually a beneficial side to it. Divorce has been around for many years and mainly just men were the only ones capable to make the decisions. Until, The Guardian states,” The 1857 Matrimonial Causes Act allowed ordinary people to divorce.” Under this new law, it was capable for women to make the decision, they just had to prove the facts to withhold a divorce. Following 1857, in 1923 there was a private member’s bill that allowed women to petition for a divorce for adultery. However, it only made it a little bit easier, they still needed to prove the reason. A few years later, they were able to pass another law, this law allowed divorce

The final cause of recently increasing divorce is lack of communication. Owing to financial status in each family, many people are fairly busy. For this reason, they have inadequate time to talk to their spouse about their problems. Consequently, that usually causes divorce. Some couples are often quiet when they have problems with each other. Soon their little problems expand to big problems, resulting in divorce. Maybe if people communicated more with their partner divorce rates would be increasing so drastically.

According to the Centers for Disease Control and Prevention (CDC), in 2011 there were 2,118,000 marriages in the United States and almost half as many divorces (2013). The CDC also reports that only half of all first marriages will reach their twentieth anniversary. Divorce is a topic everyone is familiar with and it has almost become a normal part of life. While it is assumed that more divorces occur now than in the previous generation, the CDC actually reports that divorce rates have dropped over the past twenty to thirty years, though this could be due to the increase in individuals who live together without ever getting married or those who simply separate and cannot afford to become legally divorced. However, it has become a more