Divorce

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Objectives of Chapter 8Objectives of Chapter 8Having viewed this slide show you should be aware:

That during the last century, the divorce rate increased dramatically.

That the divorce rate refers to the number of divorces per thousand married couples.

That divorce peaked in1993 at 180,000 per annum. Currently, one in every two new marriages ends in

divorce (51.5%). That many couples separate without divorcing. That large numbers of empty shell marriages exist. That high divorce rates are a global phenomenon.

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Sign of the times? Billboard poster in the USA from a law firm.

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IntroductionIntroduction

Marriage is a legal agreement between two people that can only be legally terminated through divorce.

Marriage is a legal agreement between two people that can only be legally terminated through divorce.

In 1911, there were just 859 divorce applications.In 1911, there were just 859 divorce applications.

The divorce rate is beginning to fall simply because fewer people are getting married.

The divorce rate is beginning to fall simply because fewer people are getting married.

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Recent Trends in DivorceRecent Trends in Divorce

In 2006 divorce rate fell for a second consecutive year and by 7 per cent compared with 2005

In 2006 divorce rate fell for a second consecutive year and by 7 per cent compared with 2005

In past 20 years the average age at divorce has risen (39.8-43.4 for men) and (37.3-40.9 for women), partly reflecting the rise in age at marriage.

In past 20 years the average age at divorce has risen (39.8-43.4 for men) and (37.3-40.9 for women), partly reflecting the rise in age at marriage.

www.statistics.gov.uk

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www.statistics.gov.uk

Long-term Divorce Rates in Long-term Divorce Rates in the UKthe UK

This graph shows the dramatic increase in divorce in the latter part of the last century.

This graph shows the dramatic increase in divorce in the latter part of the last century.

Note the dramatic growth in 1971 explained by the Divorce Reform Act discussed on a later slide.

Note the dramatic growth in 1971 explained by the Divorce Reform Act discussed on a later slide.

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Serial DivorceSerial Divorce

1 in 5 men and women divorcing in 2006 had a previous marriage ending in divorce. This proportion has doubled in 25 years.

1 in 5 men and women divorcing in 2006 had a previous marriage ending in divorce. This proportion has doubled in 25 years.

Families and Culture Chapter 8 818/04/23

Who Gets Divorced?Who Gets Divorced?

Social class: the lower the social class of the husband, the more likely of divorcing (n.b. divorce is still common in all social classes).

Social class: the lower the social class of the husband, the more likely of divorcing (n.b. divorce is still common in all social classes).

Age: couples who marry young are more likely to get divorced (n.b. divorce is common in all age groups)

Age: couples who marry young are more likely to get divorced (n.b. divorce is common in all age groups)

Unemployment, dependency on benefits and low income are all linked to high divorce rates.

Unemployment, dependency on benefits and low income are all linked to high divorce rates.

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Who Gets Divorced (continued)Who Gets Divorced (continued)

Second marriages are more likely to end in divorce than first marriages.

Second marriages are more likely to end in divorce than first marriages.

Mixed-class, ethnicity or religion can cause marital problems. Mixed-class, ethnicity or religion can cause marital problems.

Couples may have less in common and experience a lack of acceptance from their families.

Couples may have less in common and experience a lack of acceptance from their families.

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Nick HartNick HartNicky Hart (1976) suggests that there are three key factors to consider in an analysis of increasing divorce rates:

Nicky Hart (1976) suggests that there are three key factors to consider in an analysis of increasing divorce rates:1. Opportunities to escape marriage. 1. Opportunities to escape marriage.

2. Opportunities for increased conflict and stress.

2. Opportunities for increased conflict and stress.

3. Changing values concerning marriage.

3. Changing values concerning marriage.

She argues divorce needs to be understood in terms of both macro-factors (society-influenced) and micro-factors (individual factors).

She argues divorce needs to be understood in terms of both macro-factors (society-influenced) and micro-factors (individual factors).

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Divorce Law Time LineDivorce Law Time Line

1857

Matrimonial Causes Act - Divorce available for the first time. But not for women or the working class.

1923

Women received equality with men and began getting custody of children.

Legal Aid and Advice Act - Legal Aid became available for divorces.1937

Law extended grounds for divorce: adultery, cruelty and desertion.

1949

Legal to re-marry in churches.

Divorce Reform Act - ‘No Fault’ divorce after 2 years separation if mutually agreed. 5 years if only one person agreed.

1969 1991

1984

Matrimonial and Family Proceedings Act - Easier to divorce in early stages of marriage.

1996

Divorce after one year of separation.

Copyright Stacey Osborne, used with permission

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1969 Divorce Reform Act1969 Divorce Reform Act

The Divorce Reform Act (1971) introduced the no-fault divorce.The Divorce Reform Act (1971) introduced the no-fault divorce.

Couples can quickly get divorced on grounds that their marriage has ‘irretrievably broken down’.

Couples can quickly get divorced on grounds that their marriage has ‘irretrievably broken down’.

Evidence for this was living apart for 2 years (or 5 years if one partner objected). Divorce now became a “rubber stamp” process.

Evidence for this was living apart for 2 years (or 5 years if one partner objected). Divorce now became a “rubber stamp” process.

Families and Culture Chapter 8 1318/04/23

Divorce and Changes to the Divorce and Changes to the LawLaw

Clearly changes to the law have resulted in an increase in the divorce rate.

Clearly changes to the law have resulted in an increase in the divorce rate.

But the divorce rate has risen at times when there have been no legislative changes e.g. during the 1960s.

But the divorce rate has risen at times when there have been no legislative changes e.g. during the 1960s.

Legislative changes do not, in themselves, explain why more people choose to get divorced.Legislative changes do not, in themselves, explain why more people choose to get divorced.

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Increased Marital Stress and Increased Marital Stress and ConflictConflict

More women are dissatisfied with the unfair division of labour inside the family.

More women are dissatisfied with the unfair division of labour inside the family. Where both partners work, who acts as a ‘stabiliser of adult personalities’ (Talcott Parsons) now?

Where both partners work, who acts as a ‘stabiliser of adult personalities’ (Talcott Parsons) now?

Financial problems, increasing debt, pressures to have a high material living standard can all undermine relationships.

Financial problems, increasing debt, pressures to have a high material living standard can all undermine relationships.

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Changing AttitudesChanging Attitudes

Divorce used to be regarded as sinful but with the decline in the influence of religion this attitude is outdated.

Divorce used to be regarded as sinful but with the decline in the influence of religion this attitude is outdated.

Even though the Catholic Church does not recognise divorce its influence is weakening.

Even though the Catholic Church does not recognise divorce its influence is weakening.However, note how divorce is still rarer amongst many ethnic groups where religion is stronger.

However, note how divorce is still rarer amongst many ethnic groups where religion is stronger.

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Over-high Expectations?Over-high Expectations?

Functionalists like Ronald Fletcher argue that people expect more out of marriage and family life than they used to.

Functionalists like Ronald Fletcher argue that people expect more out of marriage and family life than they used to.Couples are no longer prepared to be part of ‘empty-shell marriages’. Therefore divorce is more common.

Couples are no longer prepared to be part of ‘empty-shell marriages’. Therefore divorce is more common.

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William GoodeWilliam Goode

William Goode argues that marriage has become an occurrence for more emotional reasons.

William Goode argues that marriage has become an occurrence for more emotional reasons.

In the past, people married for practical reasons, and the fact that partners did not love each other wasn't a problem.

In the past, people married for practical reasons, and the fact that partners did not love each other wasn't a problem.

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Anthony GiddensAnthony Giddens

Anthony Giddens (1992) sees shift towards what he calls ‘confluent love’(close and emotion).

Anthony Giddens (1992) sees shift towards what he calls ‘confluent love’(close and emotion). This is in marked contrast to feelings of duty and obligation as reflected in traditional marriage vows ' "For better for worse, for richer for poorer,...as long as we both shall live".

This is in marked contrast to feelings of duty and obligation as reflected in traditional marriage vows ' "For better for worse, for richer for poorer,...as long as we both shall live".

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Modernism and Modernism and IndividualismIndividualism

Colin Gibson (1994) argues modernism with its emphasis on individual achievement raises expectations of personal satisfaction.

Colin Gibson (1994) argues modernism with its emphasis on individual achievement raises expectations of personal satisfaction.

Allan and Crow (2001) argue that marriage is more a relationship than an agreement. Couples look for love, satisfaction, and commitment and recognise marriage doesn't have to be a relationship that lasts forever.

Allan and Crow (2001) argue that marriage is more a relationship than an agreement. Couples look for love, satisfaction, and commitment and recognise marriage doesn't have to be a relationship that lasts forever.

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““For the sake of the For the sake of the children”children”

In the past, couples stayed together 'for the sake of the children.'In the past, couples stayed together 'for the sake of the children.'

Today, many accept that children are better off with a single parent, rather than with two parents who are arguing.

Today, many accept that children are better off with a single parent, rather than with two parents who are arguing.

See slide 27 for alternative view

Mavis Hetherington (2002) says negative effects of divorce have been exaggerated.

Mavis Hetherington (2002) says negative effects of divorce have been exaggerated.

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Changes in Women’s Changes in Women’s PositionPosition

Three-quarters of divorce applications come from women. Three-quarters of divorce applications come from women.

Women expect more out of a marriage than men and have less to gain from empty-shell marriages.

Women expect more out of a marriage than men and have less to gain from empty-shell marriages.

Allan and Crow say that opportunities for women have improved in the past 50 years, e.g. they are economically more independent.

Allan and Crow say that opportunities for women have improved in the past 50 years, e.g. they are economically more independent.

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Women and DivorceWomen and Divorce

Feminists say that the increase in the divorce rate is a reflection of what is wrong with the traditional patriarchal marriage.

Feminists say that the increase in the divorce rate is a reflection of what is wrong with the traditional patriarchal marriage.

Divorced men are more likely to re-marry than divorced women. Divorced men are more likely to re-marry than divorced women.

According to Diana Gittins (1993) this is because women are disillusioned with marriage.

According to Diana Gittins (1993) this is because women are disillusioned with marriage.

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Women and the Labour Women and the Labour MarketMarket

Nicky Hart (1976) says that the rise in the working women has put more strain on marriages.

Nicky Hart (1976) says that the rise in the working women has put more strain on marriages.

The increase in the divorce rate suggests that women want a better bargain out of marriage.

The increase in the divorce rate suggests that women want a better bargain out of marriage.

Employment (and welfare) offers women opportunities to live independently of men.

Employment (and welfare) offers women opportunities to live independently of men.

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ConclusionsConclusions

Marital breakdown in Britain has been and will be significantly affected by:Marital breakdown in Britain has been and will be significantly affected by:

1. What happens to female labour markets.1. What happens to female labour markets.

2. What level of state support is granted to one-parent families.2. What level of state support is granted to one-parent families.

3. What changes to patterns and expectations of male-female domestic relationships emerge.3. What changes to patterns and expectations of male-female domestic relationships emerge.

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Divorce and ChildrenDivorce and Children

Compare content to slide 21

New Right see divorce as being detrimental to children and parents should stay together.

New Right see divorce as being detrimental to children and parents should stay together.

Rodgers and Pryor (1998) argue children of divorced or separated parents experience more poverty, poor housing, behavioural problems, teenage pregnancy, and educational underachievement.

Rodgers and Pryor (1998) argue children of divorced or separated parents experience more poverty, poor housing, behavioural problems, teenage pregnancy, and educational underachievement.

If children have no contact with one parent, it is harder to cope and moving in with a step-family can cause problems.

If children have no contact with one parent, it is harder to cope and moving in with a step-family can cause problems.

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Divorce and SocietyDivorce and Society

New Right see high divorce rates resulting in female-headed one parent families as a threat to society.

New Right see high divorce rates resulting in female-headed one parent families as a threat to society. Boys, in particular, grow up without disciplinary figure and a role model.Boys, in particular, grow up without disciplinary figure and a role model.

Patricia Morgan (1999) sees a direct link between the divorce rates and an increase in the crime rates.Patricia Morgan (1999) sees a direct link between the divorce rates and an increase in the crime rates.

Feminists challenge these ideas as a ‘backlash’ arguing it is the quality not quantity of parenting that matters.Feminists challenge these ideas as a ‘backlash’ arguing it is the quality not quantity of parenting that matters.