Divorce and Family Policies
Divorce, Marriage Trends and Family Policies
This topic covers why divorce has increased, how marriage and relationships have changed, and how government policies affect family life. It connects to broader debates about whether the traditional family is in decline.
Divorce — Key Trends
- Divorce rates rose sharply after the Divorce Reform Act 1969 (effective 1971), which introduced "irretrievable breakdown" as the sole ground for divorce
- Rates peaked in the early 1990s (around 165,000 per year) and have since declined — partly because fewer people are marrying in the first place
- Around 42% of marriages are now projected to end in divorce
- Women initiate approximately two-thirds of divorce petitions
Why Has Divorce Increased?
Legal Changes
| Law | Impact |
|---|---|
| Matrimonial Causes Act 1857 | First allowed divorce through courts (previously required an Act of Parliament) |
| Divorce Reform Act 1969 | Introduced "irretrievable breakdown" — no need to prove fault (adultery, cruelty); made divorce much easier |
| Legal Aid | Made divorce affordable for poorer people; later cuts have affected access |
| Divorce, Dissolution and Separation Act 2020 | Introduced "no-fault divorce" from April 2022 — either partner can apply without blaming the other |
Declining Stigma
- Divorce is now socially acceptable — reduced stigma means people are less willing to stay in unhappy marriages
- Secularisation — the declining influence of religion means fewer people see marriage as a sacred, lifelong commitment
- The media normalises divorce — celebrity divorces receive matter-of-fact coverage
Changing Role of Women
- Feminist explanation: women's increasing economic independence means they are no longer financially trapped
- More women in paid employment; access to benefits and housing
- Women have higher expectations of marriage — they expect emotional fulfilment and equality, not just financial security
- Thornes and Collard (1979) — women value emotional gratification in marriage more than men; when it is absent, they are more likely to seek divorce
Rising Expectations of Marriage
- Beck and Beck-Gernsheim (1995) — people now expect marriage to provide love, companionship, sexual fulfilment and personal growth ("the pure relationship")
- When reality falls short of these high expectations, couples divorce rather than settle
- This reflects individualisation — prioritising personal happiness over duty and obligation
Marriage and Cohabitation Trends
| Trend | Detail |
|---|---|
| Declining marriage rates | First marriages have halved since 1970; average age at first marriage is now around 34 (men) and 32 (women) |
| Rising cohabitation | The fastest-growing family type; many couples cohabit before or instead of marriage |
| Serial monogamy | People have a series of committed relationships or marriages rather than one lifelong partner |
| Remarriage | Around 33% of marriages involve at least one previously married partner — creating reconstituted families |
| Same-sex marriage | Legal since 2014; reflects changing attitudes to sexuality and family |
| Civil partnerships | Available to same-sex couples since 2004, extended to opposite-sex couples in 2019 |
| Singlehood | The proportion of adults living alone has increased — reflects later marriage, divorce and personal choice |
Perspectives on Divorce and Changing Families
The New Right
- Divorce is a social problem — it harms children, creates lone-parent families and increases welfare dependency
- Murray (1990) argued that lone-parent families (often caused by divorce) produce an underclass — boys without fathers lack discipline and role models
- Marriage should be promoted through policy (e.g. tax breaks for married couples)
Evaluation: blames individuals rather than structural causes (poverty, gender inequality); evidence shows children can thrive in diverse family structures if they have adequate resources.
Feminism
- Rising divorce is positive — it shows women are no longer trapped in patriarchal, oppressive marriages
- Women now have the resources and legal rights to leave unhappy relationships
- The fall in marriage reflects women's rejection of a patriarchal institution, not moral decline
Postmodernism
- Diversity is inevitable in a postmodern society where people construct their own identities and lifestyles
- There is no "right" family type — people create arrangements that suit their needs
- Giddens (1992) — relationships are now based on the "pure relationship": they continue only as long as both partners find them satisfying, leading naturally to higher rates of separation
Functionalism
- Parsons would see high divorce as dysfunctional — it disrupts socialisation and emotional support
- However, functionalists might argue that high remarriage rates show people still value the institution of marriage, even if individual marriages fail ("serial monogamy")
- Fletcher (1966) — high divorce rates reflect higher expectations of marriage, which is actually a sign that people take marriage more seriously, not less
Government Policies and the Family
Government policies affect families in numerous ways — some directly (family law, benefits) and some indirectly (housing, education, employment policy).
Policies Affecting Families
| Policy area | Examples and impact |
|---|---|
| Divorce law | No-fault divorce (2020) made divorce easier and less adversarial |
| Child protection | Children Act 1989/2004 — placed children's welfare as the paramount concern in legal decisions |
| Welfare benefits | Child benefit, Universal Credit, tax credits — support families financially but the New Right argues they create dependency |
| Childcare | 30 hours free childcare for 3-4 year olds — helps working parents, especially mothers |
| Parental leave | Maternity (39 weeks paid), paternity (2 weeks), shared parental leave — encourages fathers' involvement |
| Marriage tax allowance | Small tax break for married couples — New Right-influenced policy to promote marriage |
| Same-sex marriage | Marriage (Same-Sex Couples) Act 2013 — legal recognition of diverse families |
| Education | Relationships and sex education became compulsory (2020) — shapes children's attitudes to families and relationships |
China's One-Child Policy (Historical Example)
- Introduced in 1979 to control population growth
- Shows how the state can directly intervene in the most intimate family decisions
- Led to gender-selective abortion, an ageing population, and the "little emperor" syndrome
- Replaced by a two-child policy (2016), then three-child (2021) — demonstrating policy failure
The New Right and Policy
The New Right favours policies that:
- Promote the traditional nuclear family
- Discourage lone parenthood (e.g. by reducing benefits)
- Support marriage (e.g. tax breaks)
- Reduce state intervention in family life
Feminism and Policy
Feminists argue policies should:
- Provide affordable childcare so women can work
- Offer generous maternity/paternity leave
- Fund refuges for domestic violence victims
- Close the gender pay gap through legislation
Exam Technique
For a policy question, describe specific policies with dates, explain how they affect family life, and evaluate from at least two perspectives. The New Right vs feminist debate is the most common framing. Always show awareness that policies can have unintended consequences — e.g. generous benefits may support families but could also discourage employment.