Should Divorce Laws Be Made Less Lenient?

By Author: James Walsh
Total Articles: 68
Comment this article

It was always believed, in most parts of the civilised world, that if any two individuals are not being able to lead a happy and contended life together, if their differences seem insurmountable, then they should be granted the opportunity to disengage themselves from their partners.

Thus, as has already been clarified, divorce was not unknown in ancient human societies. However, most marriages in those times were arranged marriages. They had social sanction and the approval of elders.

In such circumstances, a divorce meant social disapproval. It was not termed a healthy practise to follow. The couples also took all possible precautions to make their marriages work. They went out of their way to keep marital harmony intact.

Fear of social disapproval and the reactions from family and friends, fear of even the possibility of being socially ostracized also had its effect on the couples of yore. Thus, even though divorce as such was not unknown, yet it was definitely uncommon.

So, it was that even if the marriages failed to fructify into harmonious relationships, most of the couples chose to still grin ...
... and bear it rather than face social ridicule. As a consequence, the divorce rate was very low. Separation from a spouse was also not a common thing.

However, as human society evolved, so did all the laws governing it. The increased participation of women in the workforce translated into greater clout for women. It was soon followed by the women's liberation movements.

They advocated not only that greater amount of freedom should be granted to women but also that laws should also be made favourable to them. These movements had a great impact on the society and culture of their times.

As a consequence of the above mentioned factors and a more liberal attitude of both the governments and society, the divorce laws were also relaxed. The word divorce no longer had the same kind of stigma attached to it as was the case in the past.

Over the passage of time, the now relaxed divorce related laws were relaxed even further. It was opined that if the couple is not able to face the trials and tribulations of married life together, then they should be provided an honourable way out of their marriage.

The pain and difficulties faced by divorcing couples on account of lengthy and extended divorce proceedings were also a factor in prompting simpler divorce procedures. We had a situation where if the couple wanted to divorce then they could do so with ease.
The era of contested divorce was coming to an end. More and more divorce cases were collaborative in nature and only a miniscule minority of the cases was contested. This continues to be the situation even today.

As more and more single parent families started becoming the norm in British society, the stigma attached to the word divorce also decreased considerably. Today, divorce is no longer looked down upon in society and is an established part and parcel of the same.
Unfortunately though, all the above mentioned factors have given rise to a rather piquant situation. As the divorce laws have been relaxed to a great deal, to help the divorcing couples, marriage as an institution has come under assault.

In today's day and age, an ever increasing number of marriages are ending in divorce. Most of the marriages break down in the first two years. The couple simply decides to go in for a collaborative divorce and the easier laws help them it through it.

All this is leading to a large number of disrupted families which have been torn apart on account of divorce. This is having a very negative impact on society as a whole. This is not what was initially visualised while relaxing the divorce procedures.

Perhaps time has come to once again tighten the laws and to make divorce a difficult proposition for married couples. This should definitely go a long way in checking the lop sided impact on the society, so that divorce may be granted in extreme cases only.

James Walsh is a freelance writer and copy editor. If you would like more information on how to get a quickie Divorce see http://www.quickie-divorce.com