Understanding divorce and marital breakdown

Divorce is the legal process that officially ends a marriage. However, not every case of marital breakdown leads to this outcome. Couples may choose other paths when their relationship deteriorates.

Alternatives to divorce in marital breakdown

• Separation - Couples live apart without legally ending the marriage.
• Empty shell marriage - A situation where spouses remain legally married and often share a home, but their relationship lacks emotional or physical intimacy; they may even live in separate parts of the house.

Reasons for avoiding divorce

Some couples in troubled marriages opt against divorce due to a range of barriers or motivations.

Key reasons for staying together

• Social stigma - Divorce or separation might be seen as shameful by the community, leading couples to maintain their marriage to avoid judgement.
• Religious beliefs - Followers of certain faiths may view divorce as morally wrong or sinful, encouraging them to remain married.
• Financial considerations - The costs of divorce can deter couples.
• Children's wellbeing - Parents may choose to stay for the sake of their children.
• Maintaining appearances - Couples might continue the marriage to project an image of respectability to friends, family, or society.

Trends in divorce rates

The divorce rate measures the number of divorces per thousand married people in the population. In England and Wales, this rate has fluctuated over decades.

Key trends in divorce rates

• Rise in the 1970s to 1990s - The rate increased from around 10 in 1974 to a high of around 14 in 1993.
• Decline in the late 1990s - It fell to about 12.7 by 2000.
• Further fluctuations - The rate rose again to around 13.7 in 2004 before dropping to around 10.8 in 2013, marking the lowest level in over three decades.
• Overall proportion of marriages ending in divorce - Currently, approximately 38% of marriages end this way, but evidence suggests this figure is decreasing for couples married after 2000.

Legal changes affecting divorce in England and Wales

Laws governing divorce have evolved significantly, making it more accessible and less adversarial over time. These changes have directly influenced divorce rates.

Laws initially made divorce difficult and fault-based, but reforms have shifted towards no-fault approaches, reducing barriers and costs.

Key legislative changes

• 1857 Matrimonial Causes Act - Introduced three grounds for divorce: adultery, cruelty, and desertion. However, women could not divorce solely for adultery until 1923. Proving these required evidence, often involving costly legal professionals like barristers.
• 1949 Legal Aid and Advice Act - Provided financial assistance to cover divorce expenses.
• 1969 Divorce Reform Act (effective from 1971) - Removed the need to prove fault; divorce could be granted if the marriage had irretrievably broken down after two years of separation with mutual consent, or five years if one partner objected. This reduced costs and simplified access.
• 2022 No-fault divorce law - Applies to both marriages and civil partnerships. Allows divorce without blaming either party, even if one objects; involves an online application and a 20-week cooling-off period before a final order is granted.