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Divorce
Judicial declaration dissolving a marriage
Annulment
Marriage was nit legal and did not happen at all
Voided Annulment
under 16
already
forced
close family member
Defective Annulment
not consummated (opposite sex only)
not consented due to drugs and alcohol
one partner has an STI prior to marriage
woman is pregnant by another man at time of marriage
Divorce Trends
Increased since 1950s
41% of couples have divorced before their 25th wedding anniversary
Divorce Causes: Changes in Laws
Divorce was very difficult to obtain in 19th century Britain - overtime made easier!
equalising the groups (the legal reasons) for divorce
widening the grounds for divorce
making divorce cheaper
Divorce Causes: Changes in Laws - increase
1923: sharp increase in the number of divorce petitions by women - the grounds for divorce were equalised
1971: ‘irretrievable breakdown’ made divorce easier to obtain and produced a doubling of the divorce rate (almost overnight)
1949: lowered the cost of divorcing
Divorce rates have risen with each change in the law
Divorce Causes: Changes in Laws - alternative solutions
Desertion: one partner leaves the other, but the couple remain legally married
Legal Separation: where a court separate the financial and legal affairs of the couple but where they remain married and are not free to re-marry
‘Empty shell’ marriage: where the couple continue to live under the same roof but remain married in name only
However, as divorce has become easier to obtain, these solutions have become less popular
Divorce Causes: Secularisation
Refers to the decline in the influence of religion
traditionally opposition of the churches to divorce carries less weight - people less likely to be influenced by religious teachings
many churches soften their views on divorce and divorcees - fear losing credibility with large sections
Divorce Causes: Changing Social Attitudes and Reduced Stigmas - Mitchell and Goody
Important changes since the 1960s has been the rapid decline in the stigma attached to divorce
more socially acceptable
regarded simply as misfortune
Divorce Causes: Rising Expectation of Marriage - Fletcher (Functionalist)
People place higher expectations on marriage
higher expectations make couples less willing to tolerate an unhappy marriage
Ideology of romantic love: belief that marriage should be based solely on love - if love dies they should no longer be married
Divorce Causes: Rising Expectation of Marriage - Allan and Crow
“The absence of these feelings is itself justification for ending the relationship” (love)
Divorce Causes: Rising Expectation of Marriage - Functionalist Positive
Optimistic view and state that marriage is still popular
marriage is still an institution: not being rejected by society - re-marriage rates remain high after divorce
Divorce Causes: Feminists Negative
Too rosy of a view
oppression of women within the family is the main cause of marital conflict and divorce - functionalists ignore this
functionalists explain rising divorce rates but fail to explain why it is mainly women rather than men who seek divorce
Divorce Causes: Changes to the role of Women
Women are now less financially dependant
women generally still earn less than men - equal pay and anti-discrimination: narrow pay gap
girls’ greater success in education
the availability of welfare benefits
Divorce Cause: Changes in the role of Women - Feminism
Married women still have dual burden and triple shift = conflict
improvements in the private sphere does not reflect the limited changes
Divorce Cause: Changes in the role of Women - Single-Rushton (Feminism)
Mothers who have a dual burden of paid work and domestic work are more likely to divorce than non-working mothers in marriages with a traditional division of labour
Divorce Cause: Changes in the role of Women - Hochschild (Feminism)
For many women - work is a place they feel valued, whereas at home, men’s continuing resistance: a source of frustration and makes marriages less stable
women have less time and energy for the emotional work
higher divorce rates
Divorce Cause: Changes in the role of Women - Cooke and Gash (Feminist - Negative)
Found no evidence that working women are more likely to divorce
work has now become the accepted norm for married women
Divorce Cause: Changes in the role of Women - Bernard (Feminist - Negative)
Radical Feminist
The rising divorce rate & most petitions coming from women - growing acceptance of feminist ideas
Women are becoming aware of patriarchal oppression and more confident about rejecting it
Divorce Cause: Changes in the role of Women - Beck and Giddens (Modernity and individualisation)
There has been a change of norms in modern society, such as the duty to be with the same partner for life
Individualisation Thesis: everyone becomes free to pursue their self-interest
Individuals become more unwilling to remain with a partner if they fail to deliver person fulfilment
Divorce Cause: Changes in the role of Women - Giddens (Modernity and individualisation)
Individuals seek a ‘pure relationship’: one that exists solely to satisfy each partner’s need
Rising divorce rate normalises divorce and strengthens this belief - conflict of interest between spouses and contribute to marital breakdown
Impacts of Changing Divorce Rate - Feminism
High Divorce = DESIRABLE - women’s liberation
women are breaking free of the oppression of the patriarchal nuclear family
Impacts of Changing Divorce Rate - Interactionist (Morgan)
Divorce means something different for every couples
Morgan: cannot generalise about the meaning of high divorce
Everyone has different experiences
Impacts of Changing Divorce Rate - The New Right
Divorce = UNDESIRABLE - undermines the tradition nuclear family
creates an underclass of welfare dependant female lone parents
leaves young boys without a male role model
Impacts of Changing Divorce Rate - Postmodern
High divorce shows people have the freedom to choose to end a relationship if it no longer meets their needs
major cause of family diversity
Impacts of Changing Divorce Rate - Personal life (Smart)
Divorce can cause problems
Smart argues that divorce has become ‘normalised’ - families can adapt to it without disintegrating
Divorce is just one transition in a person’s life course
Impacts of Changing Divorce Rate - Functionalist
High divorce rate does not prove that marriage as a social institution is under threat - people just have high expectations
still high remarriages to show commitment to marriage
Marriage
Refers to the formal and legal recognition of two people as partners in an intimate relationship
Civil Partnership
Legal relationship which can be registered by two people who aren’t related to each other
ONTS Statistics on Marriage: 2020
The average age at marriage for opposite-sex couples - 35.3 years for men & 32.2 for women
only 15% of opposite-sex marriages were religious ceremonies
Civil Partnership Trends: 2022
More civil partnerships for opposite-sex couples
same-sex common age: 25-34
opposite-sex common age: 55-64
First-Marriage Decline Causes: Changes attitudes to marriage
Change in Norms and Values surrounding marriage
less pressure to marry and more freedom for individuals to choose the type of relationship they want
QUALITY > legal state
First-Marriage Decline Causes: Secularisation
Churches are in favour of marriage
Influence declines = People feel freer to choose not to marry
First-Marriage Decline Causes: Declining Stigma of alternative to marriage
Cohabitation, remaining single, children outside of marriage = widely regarded as acceptable
pregnancy no longer automatically leads to a ‘shotgun wedding’
1989: 70% believed couples who want children should get married
→ 2012: only 42% thought so
First-Marriage Decline Causes: Changes in the position of Women
Better educational and career prospects, many women are not less economically dependent on men
feminist view: marriage is an oppressive patriarchal institution which may also dissuade some women from marrying
First-Marriage Decline Causes: Changes in the position of Women - Ruspini
Transformations in family life are closely linked to changing gender roles
dramatic changes in the position of women at the end of WW2 and the 1960s and 70s
Wider availability of reliable contraception: greater control over reproduction - reduced likelihood of getting pregnant (marriage to legitimise a pregnancy)
First-Marriage Decline Causes: Fear of Divorce
With the rising divorce rate - some may be put off marring because they see the increased likelihood of marriage ending in divorce
Causes for Other Changes in Marriage are: Remarriages
The main reason for the increase in remarriages is the rise in the number of divorces
Causes for Other Changes in Marriage are: Age on Marrying
Age at which couples marrying is rising
young people are postponing marriage to spend longer in full-time education: establish a career first
more cohabitation
Causes for Other Changes in Marriage are: Church Weddings
Couples nowadays are less likely to marry in church:
secularisation
many churches refuse to marry divorcees
Causes for Other Changes in Marriage are: Over 65 Marriage and Divorce
The number of Brides and Grooms aged 65 and over went up by 46% in a decade
from 7468 in 2004 to 10937 in 2014
Cohabitation
Refers to situations in which two people live together and are involved in an emotional and/or sexually intimate relationship
Types of Cohabitation
Temporary informal Arrangement
Alternative to Marriage
Preparation for Marriage
Cohabitation Trends: 2011 → 2021
The proportion of people who live in a couple that are cohabitating has increased from 20.6% to 24.3%
Cohabitating and Childbearing Trends
Nearly half of all children (47%) are born outside of marriage
Causes of Cohabitation: Test runs for Marriage
Many see cohabitation as a trail marriage and intend to marry if it goes well
for some cohabitation is a temporary phase before marriage
some see cohabitation as a permanent alternative to marriage
Causes of Cohabitation: Test runs for Marriage - Bejin
Cohabitation among some young people represents a conscious attempt to create a more personally negotiated and equal relationship than conventional patriarchal marriage
women who cohabit do less homework
Causes of Cohabitation: Economic Reasons
Change in position of women means that they are less likely to marry for economic security
huge increase in marriage costs - UK couples on average spend £20,775 on their weddings
Causes of Cohabitation: Change Attitudes to Marriage - Morgan
Sees it as part of a worrying trend in which marriage is going out of fashion - family is in serious decline
‘increase in sexual partners and partner changes’
Causes of Cohabitation: Change Attitudes to Marriage - Chandler
People are choosing to cohabit as a long-term alternative to marriage
reflected in the increasing proportion of children born out of marriage
Causes of Cohabitation: Secularisation
Young people without religious preferences are more likely to cohabit than those with a religion
Causes of Cohabitation: Living Apart Together - Levin
LATS - long-term commitment, intimate relationships where individuals involve themselves as a couple but do not share a common house by choice
Causes of Cohabitation: Living Apart Together - Duncan and Phillips
Found that 1 in 10 adults are living together apart
Found that both choice and a constraint play a part in whether couples live together - majority actively chose to live apart
20% see LATS as their ‘ideal relationship’
Concluded that LAT’s are no longer seen as abnormal, it probably does not amount to a rejection of more traditional relationships