Thursday, 19 September 2013

Divorce in UK law Has Undergone a Few Changes Recently

It used to be said that if there are three people in a room, one of them will get cancer, just as a way of showing how rampant the disease is. Sadly, these statistics also hold true for any three couples since one in three marriages in the UK end up in divorce and in the USA the figures have been said to be closer to one in two. This may be sad for the people involved but is good news for solicitors legal in Liverpool and elsewhere.

Divorce in UK law has changed over the years and I know a solicitors family in Liverpool who have been dealing with divorce law in the UK for decades. In fact there is many a Liverpool law firm and Liverpool solicitor which have to thank the divorce rate for a very healthy livelihood!


Divorce and the law

  • In 1971 the Divorce Reform Act allowed a couple to divorce on the grounds of adultery, cruelty, desertion for at least 2 years, mutual consent (after 2 years), or if one person only wants a divorce after 5 years.
  • The 1984 Matrimonial and Family Proceedings Act allowed divorce after one year of marriage.
  • In 1995 Lord Mackay introduced a white paper removing the need for "fault" in a marriage, but compelling couples to spend a year in meditation and encouraging them to negotiate either reconciliation or a mutually agreeable separation.
  • The Family Law Act 1996 allows divorce if the marriage has “irretrievably broken down”, after a period of “reflection and consideration”. This effectively removes any minimum time limit.

The changes in law have made divorce easier.  Some people blame the new laws, saying divorce is too easy and couples need to try and sort out their problems rather than giving up. Others say the law simply reflects changes in society, and that couples should be allowed to decide for themselves whether to stay married.

Some researchers place the cause of increased divorce on higher expectations and given the rates of remarriage it is not the institution of marriage, or the ideology picturing lifelong happiness that is rejected, but an insufficient partner.  Many regard western style marriages based on romantic love as fragile because they are only held together by emotional ties without the stronger bonds such as family support and other considerations such as duty and respect for traditions.

Changes in the social position of women

Better rights under divorce law, increased job opportunities and the provision of state financial support can all be seen as contributing to enhancing the bargaining position of women in conjugal relationships. Women have, in the past 100 years, achieved many new rights in terms of property, the vote, employment and education, and the rise in divorce may reflect this shift in the position of women within society and make them less willing to accept an unsatisfactory marriage. All of these factors have led to a greater number of Liverpool law firms dealing with and profiting from more and more people getting divorced.

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