The Effect of Law Changes on the Growth of Divorce Rate
Divorce is the legal termination of a marriage. There is no doubt that divorce is much more common, becoming a norm almost. If present trends continue, it is estimated that 1 in 3 marriages will end in divorce, but is it the alteration in the legal grounds that is causing this trend? In this essay I will look at the other aspects that could be the foundation for the growth of divorce and state which I think is the most important factor.
Prior to 1857, divorce could only be obtained by a private Act of Parliament. The grounds for divorce were based on matrimonial offences such as adultery, cruelty and desertion. There was a social class
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It also altered the basis that financial settlements were determined by the court. The Family Law Act of 1999 ended the reliance upon showing that one of both partners were at fault, they just had to assert the marriage had broken down and undergo a period of reflection, of nine months, to “cool off” and consider whether reconciliation was possible. Counselling was encouraged and the courts accounted for children that were involved instead of automatically assuming that the children should live with the mother. This was an attempt to stem the rising number of divorces.
There could be many factors that will explain the rise of divorce, one being the change of social attitudes. There is now a considerably less social stigma and blame attached to divorce; it is becoming more socially acceptable. This reduction in stigma could be a result of secularisation, the decreasing influence of religion in contemporary society. Less than 50% of marriages now involve a religious ceremony, and even those that do might not be based on a religious institution for religious reasons. The idea of a lifelong marriage blessed by God is clearly less significant now than previously. Attitudes towards the effect of divorce on children may have shifted. It had been considered in the past that couples should remain together for
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 divorce. There is a lot of stress on all the people involved. The man has
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).
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.
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).
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
People in America are determined to get married and live together. Married couples want to share everything and depend on each other. However, fifty percent of these couples cannot seem to fulfill their marriage vows. As a result, they choose to get a divorce. Divorce is very easy to do nowadays unlike the past. Statistics show that the four main causes of divorce are: financial difficulty, women are more independent, infidelity, and couples are getting married at a young age.
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
In the last 25 years, divorce has become a major issue in American society. Since the turn of the century, the divorce rate has held steady between 4.0-3.2 divorces per 1000 people per year (National Vital Statistics System, 2015). With this rising divorce rate, more children are living between parents, or in single family homes, and many of these children have been exposed to altercations between parents, as well as rough custody battles and divorce settlements. Traumatic experiences like these are highly likely to stick with children of divorce throughout their life, especially if the child is older at the time of the divorce.
From past to present people all over the world have determined to live together, or “get married”. Marriage can be a beautiful thing, but some couples are unable to maintain their relationship, because they choose divorce as a solution to cope with the problems between husband and wife. Furthermore divorce is definitely on a rise. The effects of divorce can be detrimental to a family, but the causes of divorce can be just as bad. In this essay we will cover one of the main causes of divorce and one of the main effects.