Can the rise in the divorce rate during the 1960s, 1970s and 1980s be explained by legal reforms which made it easier to get divorced?

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Can the rise in the divorce rate during the 1960s, 1970s and 1980s be explained by legal reforms which made it easier to get divorced?

Adam Ford

The number of divorces per thousand married couples in the UK rose from 2.1 to 12.8 between 1961 and 1988 (Office for National Statistics). The dramatic growth rate has received considerable interest from sociologists, who have postulated many theories on what has caused this seismic shift in the nature of family life. This essay will consider those theories, after detailing the legal reforms that have coincided with the increase. Finally, it will assess the degree to which the rise in divorce rates can be explained by divorce law liberalisation.

        Since World War II there have been three main changes in legislation which have made it easier for couples to divorce. The Legal Aid and Advice Act (1949) ‘provided financial help to those unable to meet the cost of divorce’ (Esher College, 2001), but rates remained steady throughout the 1950s. By the time the Divorce Reform Act (1969) was passed, divorces had already almost trebled (Office for National Statistics). The Act ‘replaced blame with irretrievable breakdown’ (Esher College, 2001), and increased the possible grounds for divorce to five - adultery, unreasonable behaviour, two years separation with both parties’ consent, five years separation without both parties’ consent, and desertion. After this came into force in 1971, there was a flurry of divorce applications, but these plateaued after a couple of years. From this we can conclude that the Act simply hastened the end of what Fletcher (1966) called ’empty shell marriages’, which would have been safe from previous legislation. The other major change was the Matrimonial and Family Practice Act (1984), which ‘reduced the time limit on divorce from a minimum of three years of marriage to one’ (Esher College, 2001). Again, a small rise followed this change, but most of the extra marriages would have presumably been ended eventually anyway, when the three years previously demanded had elapsed

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        Although it has been made easier to obtain a divorce, sociologists argue that several factors have contributed to more couples wanting a divorce. For Fletcher (1966), and Dennis (1975) couples had higher expectations of marriage than previous generations. Fletcher claimed they anticipated a ‘close, intimate and intense’ relationship, and if they did not achieve in their first marriage, they would look for a new partner. Dennis proposed that modern marriages are fragile because:

‘...in so far as companionship, a close, durable, intimate and unique relationship with one member of the opposite sex becomes the prime necessity in marriage, a ...

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