Fault-Based Divorce

Which marriages meet the requirements for dissolution is defined by legal standards. Over the last 200 years, the grounds for divorce in Western societies have expanded. These expansions have made divorce more accessible. Although the divorce rate has increased, there is not a clear link between the accessibility and this increase. Other key influences effecting divorce rates include economic, social, cultural, demographic and institutional factors.

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 However, today the provisions within that act are outdated, yet, it represented society in 1857.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.

One of the largest reasons that couples in the US get divorced is because one member of the couple commits infidelity with an outside member. Infidelity includes being unfaithful to your spouse or leaving your spouse to be with another more desired partner (Amato & Previti, 2003). When it comes to infidelity, more often than not one spouse will cite the other as having been the offender than themselves (Austin Institute, 2014). Reports from the Austin Institute

In the terms of Divorce – the legal termination of marriage, this has increased immensely since 1971 due to the change in legislation that had liberalized divorce, made it cheaper and easier to obtain. The Divorce Reform Act of 1971 was the most important because prior to 1971, one partner had to provide ‘evidence’ that they had been wronged by the significant other (matrimonial offence). Due to the change of the law, it allowed people to divorce on the basis of “irretrievable breakdown”. In addition, since 1984, the Matrimonial and Family Proceedings Act reduced the time limit for divorce for a minimum of 3 years of marriage to only one year. After this act, the divorce rate shot up again, as it did in 1971. Now, people were finally able to legally to end all connections, as previously when divorce was either too expensive or difficult to obtain, separation was very common, which was when a couple decided to live away from each other.

Once Societies rules on divorce changed divorce rates began to climb. A No-fault divorce rule came into effect in the 1950’s. This meant unlike before, they no longer needed to prove who was at fault in the marriage. By 1970, almost all states had laws allowing these no fault divorces. There is no doubt that this was a factor

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.

Throughout time, practices that were once never used, become more common. In the 1600s divorce was a forbidden practice or a last resort. Since then, laws have changed, and so hasn’t the stigma related with divorce. The guilt and fault that divorce once carried has vanished. According to the book Should I Keep Trying to Work it out, “In the United States, researchers estimate that 40%–50% of all first marriages will end in divorce or permanent separation. The risk of divorce is even higher for second marriages, about 60%.” (Hawkins 42). As it became more common for couples in America to separate, divorce gradually became a normal part of so many lives. Why are so many couples separating now? Through research on EBSCO, and other findings, I will attempt to explain this question that so many people ask in today’s world. The divorce rate in America is drastically increasing over time due to new laws, certain generations, and relationship issues.

In fact, there are only two legal grounds for dissolution of marriage that are acceptable

With regards to the issue of divorce, Hyde vs Hyde originally defined marriage as a union ‘for life’, hindering the ability to seek divorce. Eventually the 1959 Matrimonial Causes Act (Cth) created 14 grounds for divorce. Despite this improvement on the previous law, these grounds where still not very accessible. This was reduced to just the one ground – “irretrievable breakdown of a marriage,” in the 1975 FLA. This change was a response to the needs of a changing society, bringing in ‘no fault’ within a divorce. This shows the law is very effective with dealing relationship breakdowns and the ability to reform to align with

But this has not always been so. The system existing before the adoption of the Family Law (Scotland) Act which was to be found in the now repealed section 5 of the Divorce (Scotland) Act 1976 was characterised and criticized for its lack of clear guidance and objectives regarding the making of settlements and the great judiciary discretion it led to . Courts could take into account all the circumstances they wished and the English legal framework established by the aforementioned Matrimonial Causes Act 1973 was more developed that the position prevailing in Scotland at that time . “A key aim of the 1985 Act was therefore to create a much clearer framework to inform decisions about the financial consequences of divorce” . This as undeniably

A new drive is on the limit to do away with the current divorce laws in many states which allow for "no fault" divorce. This new offered law introduced in several states during the past few months is designed to make divorce harder by forcing divorcing parents, with petty children, to sue and prove fault before a divorce can be granted. Some legislators, alert of public relations, disguise this attempt by calling it "divorce reform". In reality what this is attempting to do is force people to stay married. Their reason is based on the belief that divorce causes problems in children and therefore if adults are not allowed to divorce or, if divorce is made very difficult to accomplish, people will stay married and children will be the receivers

in the direction of free choice and divorce, but new institutions and solutions can be implemented

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

“DIVORCE” – Just the sound of such word in any married couple or children’s ear can cause great agony that can even become terminal. Research and personal experience, has proven that in today's society, divorce is more common amongst newlyweds. Since 2009 the rate of divorce has increased to approximately forty percent, There are three out of every ten marriage that ends up in divorce before it reaches the stage of maturity, and the most prevalent results are – lack of communication and infidelity.