Separation and Divorce

Separation/Divorce/Family Breakdown

  • Author: Sandra Ratcliffe

  • Subject: Family Studies

Divorce Legislation

  • Family Law (Divorce) Act 1996

    • Section 5(1) provisions:

      • Court may grant a divorce if:

        • A) Spouses lived apart for at least 4 of the preceding 5 years; revised to 2 out of the last 3 years as of 2019.

        • B) No reasonable prospect of reconciliation.

        • C) Proper provision made for spouses and dependents.

    • Living apart can occur under the same roof.

Remarriage

  • After divorce decree, parties are no longer spouses and may remarry.

  • Joint guardianship of children persists unless otherwise declared unfit by the court.

Divorce Rates in Ireland

  • Increase of separated/divorced persons by 8.9% (2011-2016): 203,964 to 222,073.

  • Remarriage up 17.1% to 61,729 in 2016.

  • Ireland's divorce rate: 0.7% (EU average: 1.9%), low compared to Scandinavian countries.

Factors Rising Divorce Rates

  • Legal ease of obtaining divorce.

  • Demographic shifts: gender roles, increased life expectancy.

  • Growing individualism: expectations of choice, equality.

  • Higher marriage expectations for love and partnership.

  • Changes in women's roles and financial independence.

  • Secularisation: decrease in religious importance of marriage.

  • Welfare support for lone parents.

  • Decreasing stigma around divorce.

Conflicting Perspectives on Divorce

  • Viewed by some as a moral decline in society.

  • Feminist viewpoint: divorce empowers women to escape patriarchal relationships.

Risk Factors for Divorce

  • Parental divorce, premarital childbearing, early marriage age, childlessness, low socio-economic status, negativity in interactions, marital hostility, perceived lack of relationship benefits.

Positive Factors Supporting Marriage

  • Positive interactions, presence of children, father's involvement, shared leisure, compatibility.

Adjustments Post-Separation/Divorce (Bohannan, 1970)

  • Emotional Divorce: feelings of distancing, disappointment, hostility.

  • Legal Divorce: formalizing marriage dissolution, custody arrangements.

  • Psychological Reorganisation: dealing with loneliness and emotional independence.

  • Community Reorganisation: changes in friendships and family dynamics.

  • Economic Reorganisation: division of assets, child support issues.

  • Parental Reorganisation: custody rights and maintaining contact.

Vaughan's "Uncoupling" (1990)

  • Transition from living together to living apart involves social separation.

  • Often initiated by one partner's dissatisfaction, leading to secretive living patterns.

Divorce Stress Adjustment Perspective (Amata, 2000)

  • Stress from uncoupling increases emotional and health issues for children and adults.

  • Diminished parenting effectiveness during divorce, with children facing increased stress post-divorce.

Hogan's TCD Study (2002)

  • Kids' experiences of parental separation vary widely; not uniformly positive or negative.

  • Patterns of reactions provide insight into supporting children's well-being post-separation.

Recommendations for Support

  • Accessible programs for family members during and post-separation.

  • Services should address diverse needs and be widely communicated.

  • Ongoing research into service use, parenting support, and children’s experiences desired.

Growing Up in Ireland Study Findings

  • Challenged belief that separation negatively impacts children; some do better than those in high-conflict intact families.

Support for Separating Families

  • Resilience and support can alleviate divorce effects, particularly from family and community-based programs.

  • Formal organizations like One Family provide assistance.

References

  • Bohannan, P. (1970). Divorce and after: An analysis of the emotional and social problems of divorce. New York: Anchor.

  • Cheal, David (2002) Sociology of Family Life. New York: Palgrave.

  • Morgan, D. H. J. (1996) Family Connections: an introduction to family studies. Cambridge: Polity Press.

  • McKenry, P & Price, S. (2005) Families and Change: Coping with Stressful Events and transitions. London: Sage.

  • Newman, D. & Grauerholz (2002) Sociology of Families. London: Sage.