The resort to divorce in England and Wales, 1858–1957

This paper consists of a statistical analysis of the increasing resort to divorce in England and Wales over the past hundred years. In view of the social, financial and procedural barriers surrounding the Divorce Court over most of the period it is impossible to regard the spread of divorce as an index of increasing marital breakdown. It indicates merely the greater ability and willingness of estranged couples to take advantage of the legal machinery for bringing their marriages to a formal end. The analysis of published data shows that since 1857, the rate of petitioning per 10,000 married couples (of whom the wives were 15–49 years of age) has risen from 0.83 to 37.98. Various factors have been responsible for this fifty-foild increase: it seems that a five-fold rise was due specifically to the lowering of formal barriers (which made divorce more accessible to the poor and to women petitioners), while the remaining tenfold increase was brought about by the growing acceptance by society and by discordant couples, of divorce as an appropriate end to a broken marriage. This change in public opinion can be seen not only in the slow yet persistent rise in the rate of petitioning over all but the last few years, but also in the long-term effects of the two world wars. Divorces since 1921 have been allocated to the various marriage cohorts involved so as to estimate the proportion of each cohort divorced by successive marriage anniversaries. This procedure has shown that the recent war had its greaters disruptive impact on the “hastliy contracted” marriages of the early war years; the impact on these cohorts was, however, only slightly in excess of that exerted on the immediately preceding cohorts married in the later 1930's. In fact the war took its toll of all cohorts back to 1921. As complement to this study of trends the position near the beginning and near the end of the whole period was investigated by analysing a special extraction of statistics relating to all the 1871 petitions and to a sample of those of 1951. The study of couples involved in divorce in these two years, illustrates its extension in the intervening period to most sectors of the married population. From a tiny group of predominantly well-to-do and frequently childless couples in 1871, the divorce population by 1951 appeared to have become very nearly a cross-section of all married couples, at least in respect to occupational structure and family size. To some extent, the close similarity between the divorcing and the still married couples in 1951 was a temporary phenomenon, due to the entry into the divorce courts in that year of an unuually large number of poor petitioners using the new legal aid provisions introduced in 1950. Nevertheless, there is good reasong to believe that this factor has led to only slight over-emphasis of the long-term trend for the poor and those with families to take an increasing share in divorce petitioning. So far as the mid-twentieth century position is concerned cohort analysis shows that, at least in the early years of matrimony, the couples married since 1945 have petitioned for divorce less than their immediate elders in the wartime or just pre-war cohorts. While the post-war marriages have not run their full course through the most divorce-prone years, this finding suggests that the rate of petitioning is not likely to go on increasing in the future nearly so rapidly or so persistently as it has done in the past. It seems possible that the rate may be stabilized in the next few years at approximately its present level, i.e. within the range of 5%–10% of each marriage cohort. If this should occur, it would probably mean that divorce in England and Wales had found its own level, and that virtually all those requiring to terminate marriage in the existing context of social circumstances were no longer prevented by extraneous barriers from using the appropriate legal procedures.