Assess the view that changes in the law are the main cause of increases in the divorce rate

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By Moira Butler

Assess the view that changes in the law are the main cause of increases in the divorce rate (24 marks)

Since 1921, there has been a sharp incline in the number of couples who want to divorce; it is now 40% (or every one in 5 couples) “ there are now 50 times more divorces each year than there were in 1921” (Item 2b) who want to get a divorce for varying reasons. The number or divorces has increased, with 70% of divorces coming from women, for a variety of reasons such as the changing of laws, and of shifting social attitudes. This allows divorce not only to become easier for most people to divorce, but also more widely accepted in today’s modern society. The types of people most likely to divorce are those who marry young, if there are class/ ethnicity/ religion differences between the partners or their parents were divorced.

As previously mentioned, legal changes have had a large effect on the way we can get divorces. In the 19th century, it was almost impossible to get a divorce “In the past, divorce was less common because the law made it difficult to obtain” (Item 2b). But now, it is so much easier for example legal aid for couples and divorcees and also laws have been introduced that allow a much wider scope on which grounds someone can be divorced on (the Divorce Law Reform Act 1969). Furthermore, divorce has become much cheaper that in the 1960s due to financial help (from 1949). The matrimonial Family Proceedings Act also allows couples to divorce after one year of marriage if they aren’t happy.

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However, the changes in the law don’t explain the reasons why couples are deciding to file for divorce and so need to consider wider social explanations such as less stigma and patriarchy because the changes in law only are a small factor for divorce; yes, there has been a massive incline because of the legal changes for divorce itself, however people who couldn’t afford divorces years ago would most likely have an empty shell marriage where they still live together but are only married by name only, or perhaps desertion; where one partner leaves the other but is still ...

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