Divorce

The Principles of Divorce

The divorce process usually also involves consideration of child custody and residence, as well as spousal and child maintenance and the distribution of property and assets. This is usually the case if there is disagreement between the parties, and if amicable arrangements are made, the legal system may only be used to grant the divorce itself. These areas are complex and are often subject to dispute.

Divorces are based on the principles of “fault” or “no fault” of the husband and/or wife, depending on the country's legal system. Australia has a no-fault system that has been in place since 1975, but in the United Kingdom, couples must wait for two years if a no-fault divorce is to be granted. Adversarial proceedings about fault or other issues can be an expensive and stressful experience to those involved, and particular attention is paid to children in such circumstances by sociologists as well as governments.

There is increasing focus on introducing less adversarial proceedings and mediation processes, although these have had mixed success internationally. For example, the United Kingdom's 1996 Family Law Act intended to make a 12-month “cooling off” period and mediation compulsory, but pilots were unsuccessful, and that part of the Act was not implemented. In Portugal, however, since March 2008, if spouses agree to divorce and associated terms, they can have an electronic divorce, which can also be issued by a nonjudiciary administrator. Parenting plans are compulsory in the United States, and these set out child and parent contact in some details.

History and Demographics

Divorce has existed as far back as there are historical records, and in Roman times, attitudes toward [Page 297]divorce relaxed over time to the extent that either spouse could divorce the other, although this remained to some extent culturally taboo. The issue of divorce as taboo is seen in many cultures for many reasons, including associations between lone parenting and poverty, religious beliefs, social standing, and negative labeling. Religion in particular has affected the divorce rate, and by the 10th century after the growth of Christianity, divorce rates were lower due to marriage being seen as a lifetime promise to God and therefore only possible to dissolve by God.

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