Divorce

Cards (7)

  • 1857: the Matrimonial Causes Act made divorce available through law courts. A husband only had to prove that his wife had committed adultery, but a woman had to prove adultery plus either desertion for two years, incest, bigamy, sodomy, bestiality, rape or cruelty. The wife's adultery was seen as a more serious matrimonial offence than the husband's as it risked his property being passed down to children who were not his.
  • 1923: the Matrimonial Causes Act gave women equal rights with men regarding the grounds they could cite for divorce, though proof of the matrimonial offence was still needed. The Act also added other grounds for divorce such as being of unsound mind, having a communicable venereal disease at the time of marriage or refusing to consummate it.
    • 1949: the Legal Aid and Advice Act enabled poorer people to receive financial assistance with divorce.
    • 1969: the Divorce Reform Act (in effect from 1971) reflected a change in attitudes since irretrievable breakdown of marriage was regarded as sufficient grounds. Neither partner needed to be found at fault. Separation for two years was sufficient grounds if both partners agreed, or separation for five years if one contested the divorce.
  • -The divorce rate has increased since the 1969 (1971) Act. In 1971 there were 6 divorces per 1,000 married population, increasing to 11 in 2010. For about a fifth, these are second or third divorces. The New Right argue that divorce has become too easy, so that couples give up easily instead of persevering with their relationships when the romantic gloss wears off. People may marry recklessly, knowing a divorce can easily be obtained.
  • +Others, such as feminists and liberals, approve of easy divorce, as it enables people to leave exploitative or abusive relationships. Divorce enables people to legalise separations that have already occurred, with a chance of forming better relationships if they wish. Some people may divorce and remarry several times in their lifetime, a situation known as serial monogamy.
  • Divorce has increased for many of the same reasons that marriage has become less popular. People prioritise personal happiness and few view divorce as a sin. Women, influenced by feminism, are less likely to accept male exploitation. Since equal pay and anti-discrimination legislation, they may be able to support children without a man's wage.