FH3b -  Divorce 

The ending of a marriage marks a significant change in both personal relationships and family life. In today’s society, couples may choose to end their marriage for a variety of emotional, legal, or practical reasons, reflecting broader shifts in values, gender equality, and social expectations. Understanding the different ways a marriage can end — such as divorce, separation, annulment, or an empty shell marriage — helps explain how individuals navigate commitment, conflict, and change within modern relationships.

Divorce

  • Definition: The legal termination of a marriage by a court.

  • Once granted, both partners are free to remarry.

  • The most common way to end a marriage.

  • Since the Divorce Reform Act (1969), couples can get a no-fault divorce—they no longer have to prove adultery or cruelty.

  • Reflects changing attitudes towards marriage and growing emphasis on personal happiness and equality.

  • Overall trend: Divorce rates rose sharply from the 1960s to the 1990s but have declined slightly in recent years.

Separation

  • Definition: When a couple lives apart but remains legally married.

  • Can be informal (deciding to live separately) or legal (through a court order outlining finances, property, and childcare).

  • Often used as a trial period before deciding on divorce.

  • Some couples choose long-term separation for religious, financial, or personal reasons.

  • Overall trend: Legal separations have declined, but informal separations (living apart without legal action) have become more common.

  • Many couples now use separation as a step before divorce, or as a long-term alternative for financial or religious reasons.

  • Some couples, especially older ones or those with children, remain separated rather than divorcing to maintain stability or benefits.

Annulment

  • Definition: A legal declaration that a marriage was invalid from the start — meaning, in law, it never existed.

  • Usually granted when the marriage didn’t meet legal requirements, such as:

    • One or both partners were underage

    • One partner was already married (bigamy)

    • The marriage wasn’t consummated

    • There was fraud, coercion, or lack of consent

  • Commonly used for religious reasons (e.g., the Catholic Church).

  • Overall trend: Annulments are rare and declining in the UK.

  • Fewer than 300 annulments are granted each year, compared to tens of thousands of divorces.

Empty Shell Marriage

  • Definition: When a couple remains legally married but there is no emotional, sexual, or personal relationship between them.

  • They stay together for reasons such as children, finances, or social image.

  • The marriage still exists legally, but it’s effectively ended in all but name.

  • Sociologists use this term to describe relationships that have lost intimacy and connection but continue for practical reasons.

  • Overall trend: Still present, but less visible due to the ease of divorce and the decline in stigma.

  • More common among older generations or couples staying together for children, financial security, or social image.

Causes of the Trends

Legal Changes

  • Divorce Reform Act (1969): “No-fault” divorce – couples could separate without proving guilt.

  • Matrimonial and Family Proceedings Act (1985): Shortened time limits.

  • Same-Sex Marriage Act (2015): Expanded marriage rights, also increasing divorce potential.

Social Acceptance

  • Divorce no longer seen as shameful; now viewed as a normal response to an unhappy marriage.

  • Shift from duty to personal happiness and equality.

  • Greater tolerance and reduced stigma.

Women’s Independence

  • Education and employment gave women financial freedom to leave unhappy marriages.

  • Feminism challenged traditional domestic roles.

  • Legal and welfare support made divorce more viable.

Higher Expectations of Marriage

  • Couples seek emotional intimacy and self-fulfilment (“pure relationships,” Giddens).

  • When expectations aren’t met, divorce is seen as justified.

  • Media and celebrity culture reinforce ideals of personal happiness over obligation.

Economic and Social Pressures

  • Job insecurity, debt, and work stress strain marriages.

  • Beck & Beck-Gernsheim: In a “risk society,” uncertainty undermines long-term commitments.

  • Financial pressures often lead to conflict and emotional breakdown.

“Silver Splitters”

  • Increasing divorces among over-60s.

  • Linked to longer life expectancy and pursuit of happiness later in life.

  • Empowered older adults seek new beginnings after childrearing or retirement.

Impacts of the trends 

Positive Impacts

  • Feminist perspective: Divorce can free individuals, especially women, from unhappy or abusive relationships.

  • Bernardes (1997): Divorce may benefit children more than staying in conflict-ridden homes.

  • Promotes personal well-being, choice, and emotional growth.

Negative Impacts

  • New Right: Divorce damages family stability and children’s well-being.

  • Murphy: Children of divorced parents may face financial and emotional challenges.

  • Wilson and Stuchbury: High divorce rates disrupt routines and attachment.

  • Can weaken community ties and traditional family networks.