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Marriage and Divorce

• Divorce: An introduction

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Divorce: An introduction

Information: This article gives a brief review of issues surrounding divorce. A version of this article was originally published on the website www.faithnet.org.uk.

Introduction

A wedding day is a wonderful celebration of a couple's love for each other. However, despite the happiness a wedding brings, a significant number of marriages fail and end in divorce. There can be many reasons for this:

• Adultery by one’s spouse.
• Unreasonable behaviour by either partner.
• One partner leaves the other, and has no intention of returning.
• The couple have grown apart and do not want to remain married.
• The couple have separated and are now in relationships with other people.

'Marriage can be a foretaste of heaven, or an anticipation of hell' (Unknown)

It should be noted from the outset that divorce is different from annulment. Annulment occurs when a marriage is deemed invalid, either by law (often due to the manner in which the marriage was solemnised), or by the fact that the couple never had a proper (consummated) relationship. On the other hand, divorce is a formal and legal process which recognises that a partnership is ending, when the marriage is deemed valid (usually by law).

If a married couple separated but did not divorce, even though they were no longer together, they would still be treated as a couple as far as the law was concerned.

The UK law on divorce

On average, half of all marriages in the UK end in divorce [1].

'Between 2006 and 2007, the provisional number of divorces granted in the UK fell by 2.6 per cent to 144,220, from 148,141. This is the third consecutive fall in the number of UK divorces and the lowest number since 1977 (138,445). The figure is 20 per cent lower than the highest number of divorces, which peaked in 1993 (180,018).' (UK National Statistics website)

Divorce law in the UK is governed by the Matrimonial Causes Act of 1973. The actual mechanics of getting a divorce are relatively straightforward, however there can be difficulties if the couple have large sums of money, property or children.

In order to obtain a divorce you must show that the marriage has broken down for at least one of the following reasons:

• Adultery
• Unreasonable behaviour
• You have lived apart for a continuous period of at least two years
• You have lived apart for at least two years, and your partner consents to a divorce
• You and your partner have lived apart for more than five years

You must have been married for over a year to begin divorce proceedings in the UK. If you are divorcing on the grounds of adultery, you have the right to name the ‘other person’ (third party) in the divorce papers for Public Record.

Getting a divorce begins with a request (petition) by one of the couple to a  local authority, that proceedings to formally dissolve the marriage might begin. If neither of the couple objects to the petition request, they sign an Affidavit and return The Acknowledgement of Service Form stating that they wish divorce proceedings to continue. After this a court hearing is scheduled (which the couple are not obliged to attend) to formally declare the marriage is ending, and then papers are issued and a decree of divorce is initially granted. In the first instance this is known as a decree nisi (which means 'unless cause is later shown'). If no objections to issuing a final divorce petition are entered, then the couple can apply for a decree absolute.

Something to think about: UK law requires there to be a period of six weeks between the issuing of a decree nisi, and the opportunity for the couple to apply for a decree absolute. Why do you think that is?

Getting a divorce usually takes around 3 to 4 months, but can be faster or slower depending on how quick either party is at completing all the necessary forms, and sending them back.

53% of divorces were of marriages that had lasted 10 to 15 years, with 40% ending after 5 to 10 years. The first 5 years are relatively divorce-free, and if a marriage survives more than 20 years it is unlikely to end in divorce (Wikipedia, Divorce)

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Divorce laws in other countries

Laws around the world regarding divorce are diverse, and often greatly influenced by cultural and religious factors. In Islamic countries divorce laws can vary greatly. However, although divorce is allowed, Islam generally discourages the practice.

Civil divorce became officially recognised in Canada in the 1960s. Regulations allowing divorce to take place under certain circumstances also came into effect in 1970 in Italy, and 1997 in the Republic of Ireland.

Something to think about: Why do you think it took Italy and the Republic of Ireland such a long to introduce civil laws allowing divorce?

Divorce in the United States is a matter of state, rather than federal law. However, all the states will recognise divorces granted by other states. Divorce petitions are usually made to a judge on the grounds of such things as irreconcilable differences, breakdown of the relationship, or loss of affection. No fault petitions are also allowed. Most states require a waiting period of 1 to 2 year's separation before divorce proceedings can begin. States are somewhat divided in their rules regarding the division of property, money and the custody of any children, and a final decree of divorce will generally not be granted until these matters are resolved.

Due to the complex nature of divorce proceedings in the USA, it has been known for people to go to other states in order to get divorced. This will often happen if getting a divorce in another state will be easier or quicker, or if someone wants to escape from being financially responsible to their ex-spouse.

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