It is fascinating to consider the ways in which divorce has changed over time, going from what was once a privilege reserved for the wealthy to something that happens to around 40% of marriages. There has been an evolution both in terms of divorce laws and societal attitudes, so this post will explore this change over the years.
Early Divorce: Privilege of the Few
As mentioned in the intro, divorce in England was originally a privilege reserved for the wealthy and required a private Act of Parliament. This process was prohibitively expensive and time-consuming, making divorce inaccessible to the majority. The Matrimonial Causes Act 1857 marked a significant shift by transferring divorce cases from Parliament to the civil courts, thereby broadening access.
Twentieth Century Reforms: Towards Equality
The 20th century witnessed substantial reforms in divorce law. The Matrimonial Causes Act 1923 allowed both spouses to petition for divorce on the grounds of adultery, promoting gender equality. Further reforms in 1937 introduced additional grounds, such as cruelty, desertion, and incurable insanity, reflecting a more progressive approach to marital breakdowns. This led to a sharp increase in divorce over the decades to come, especially with changing societal attitudes towards marriage.
The Introduction of No-Fault Divorce
A landmark change occurred with the Divorce, Dissolution, and Separation Act 2020, which came into effect on April 6th, 2022. This legislation introduced “no-fault” divorce, allowing couples to separate without assigning blame, thereby reducing conflict and simplifying the process. This introduction made divorce a lot more accessible for many couples while allowing many marriages to be dissolved peacefully.
Recent Trends & Statistics
In recent times, divorce rates remain high at around 40% of marriages, but this is down from the peak in the early 90s. This trend suggests another potential shift in societal attitudes towards marriage and cohabitation, with couples perhaps taking more time to decide whether to get married or not. Although divorce is more accessible and affordable these days, it can still be a messy and complicated situation to navigate. For those navigating the complexities of divorce, consulting with family lawyers is smart, as they can provide essential guidance tailored to individual circumstances and help you seek the best outcome.
Both laws and societal attitudes towards divorce have led to an evolution over the years in the UK. Divorce was once a privilege reserved for the wealthy, but over time, laws have made it something that is more accessible and affordable. This led to a sharp increase in the number of divorces, with people’s attitudes easing on marital dissolution and recognising its importance in certain circumstances. Divorce rates were at their highest in the 1990s, but evidence suggests that there has been a slight decrease in recent years, which could signify changing societal attitudes once again.
