1. DIVORCE A DISASTER?
Ruth Deech
Gresham College
September 2009

2. The Market Economy Not everything has a price
Need to debate values in health, education, families
The link between public and private morality
Conflicting demands on mothers

3. Statistics 231000 marriages 2007, lowest for 112 years
40% end in divorce
Highest divorce rate in W. Europe
1857 Act – 24 divorces
World War II – 60,000
Divorce Reform Act 1969 – 119,000
1993 – 165,000
2007 decline to 128,000 because of cohabitation and older age of marriage

4. Reasons Recession – or female economic independence Housing shortages
Age of marriage
Legal aid
Remarriage more fragile
Easier divorce law
Special procedure

5. The law
Irretrievable breakdown proved by adultery, unreasonable behaviour, two years’ desertion, two years separation with consent, five years separation without consent
75% petition on “fault” grounds
Financial arrangements and children separately dealt with

6. The cost is £20-40 billion Legal aid Welfare Extra housing
Family courts, judges, lawyers
Accountants, conciliators
Illness from stress
Children taken into care
Failure of child support schemes

7. Children Poorer educational and employment outcome Drink, drugs
Psychological harm
Relationship breakdown
Physical harm

8. Law reform The part played by fault
No need to change the law; would push rates up again
Waiting period of 12 months from start to finish, or
3 month cooling off after petition
Mediation and conciliation do not save marriages

9. Education for marriage
Legal aid should be preserved
Education at school about the impact of relationships and divorce, costs, parenting
Help for women to be self-supporting through childcare and career advice
Change of public and political attitudes