No-Fault 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 However, today the provisions within that act are outdated, yet, it represented society in 1857.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.

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.

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.

Throughout history, divorce has remained a controversial topic. Perceptions of divorce have drastically changed essentially because the value of marriage has changed. Marriage was once seen as a practical necessity and an irrevocable commitment. The view of marriage caused divorce to be perceived as a stigma. Divorce in earlier generations was not granted by the court system unless there were extenuating circumstances (Evolution). For example, if the woman in the marriage was unable to conceive children the divorce would be granted to the man. This remained the standard practice until the 1970’s with the introduction of “no-fault divorces” (Croteau).

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.

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

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).

The unionship held between two people commemorated into the term marriage involves a couple madly in love, willing to put their status of love into legal terms. However what happens when all the love festivities wither away and one or both parties involved in this union decide that they aren’t destined to be together forever ? In America alone, there is one divorce approximately every 36 seconds, equating to 2,400 divorces a day, and a total of approximately 876,000 a year. Most people take their time on deciding whether to marry the partner they are with, however divorce rates are still at an all time high in America. In today’s society, divorce is considered a normal thing that couples go through, instead of working out issues, as divorce seems like an easier and more convenient alternative. The general reasons as to a divorce are infidelity, financial instability, and a lack of communication amongst partners.

After long and bitter parliamentary debates, the federal Divorce Act was revised. Additional grounds for divorce included desertion, imprisonment, or separation for at least three years plus marital offences of physical and mental cruelty. The new law eliminated the need to appear in court in most cases – often the most personally humiliating experience in the older legal procedure. The law later changed again in 1985, where it eased off yet again, to allow divorces after only a year’s separation. The broad trend in Canada was to make divorce easier. It was accomplished by making it less fault-oriented where most divorce applications to the courts are no longer contested which eliminates the need for a formal court hearing where both parties testify and ask for different things. With “no fault” splits in place, the social stigma of divorce shrank. As more people divorced the stigma weakened further. The cycle continued while the divorce rate soared. In 1951, there had been only one divorce for every 24 marriages, by 1987, one couple divorced every two couples that married (McGovern). In 1993, there were 78 000 divorces across Canada, compared to about 11 000 in 1968 before the new divorce laws came into

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 sanctity of marriage has seemed to have disappeared with the arrival of the 21st century. Though marriage rates have always fluctuated in the past, current events have caused divorce rates to increase. According to recent statistics made by the census bureau, the divorce rate in America is roughly 50 percent. There are a myriad of speculations as to why more people are not staying together. One reason is that people are getting married for the wrong reasons, such as unplanned pregnancies. Another reason is that women have become more independent so that they are not forced in to being in a marriage where they are not happy. Last, lenient divorce laws make it much easier for many couples to get divorced. Combined, these three

When life becomes unbearable between a women an her husband, they may think of divorce as being a fair solution for both of them to get their “independence” and live a normal life, they may even think that it is suitable for their children. However, this is not the case , divorce may have some serious consequences that can affect the whole society .