Family 5

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SOCIAL POLICY AND LEGISLATION 

Divorce legislation:

  • Approximatly 40% of all marriages end in divorce. 
  • 66% of all divorces were petitioned for by women. 
  • Divorce rates are declining- with 14.2 per 1000 in 1994 down to 10.8 per 1000 in 2012. 
  • There has been a 45% increase in over 60s splitting (silver splitters). 
  • Reasons for divorce: 
    • Secularisation has led to marriage no longer being seen as a binding commitment. 
    • Shorter: capitalism has created a society where individuals are free to make more individual chocies about relationships- and that people more commonly marry for love, and when this is no longer present people divorce as they will not put up with empty shell marriages. 
    • Maynard (feminist) the increase in divorce is due to the increase in women now feeling the inequalities of a dual burden. 
    • As women are now a constant in paid employment they are able to be financially independant from men and can afford to be single parents, and the benefit system is able to support those who are not financially independant. 
  • In 1857 divorce was available through a court of law where men could claim adultery and women had to claim both cruelty and adultery. No divorce for the poor. 
  • 1923 women and men had the same terms for divorce. 
  • 1937 grounds for divorce were extended to include desertation. 
  • Legal Aid Act 1949 allowed financial support for those who wouldnt normally be able to take legal action (helped women the most). 
  • Divorce Law Reform Act 1971 no longer had to prove what your partner was guilty, just had to show that the marriage had irretrievably broken down. 
  • 1984 could divorce after just a year (it was 3 before). 
  • Family Law Act 1996 still maintained you could divorce if the marriage had broken down, however encouraged a period of reflection to allow reconciliation if possible. 

Childrens act 2004:

  • Appointed a childrens commisioner to raise awareness of children's issues, and make life more child…

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