Divorce, annulment and remarriage
Marriage is meant to last, but not every marriage does. This lesson describes what different people believe about divorce. It is not about deciding who is right.
Key terms:
- Divorce: the legal ending of a marriage while both partners are still alive.
- Annulment: a ruling that a marriage was never valid in the first place, so it is treated as if it never happened.
- Remarriage: marrying again after a divorce, or after a partner has died.
- Separation: when a couple stop living together as partners but are still legally married.
- Marriage breakdown: when the relationship has failed so badly that the couple can no longer live together as husband and wife.
- Counselling: talking with a trained person who helps you understand and work through problems.
- Mediation: a trained, neutral person helps a couple agree things such as money, housing and arrangements for children, without a court deciding for them.
A divorce ends a marriage that was valid. An annulment says it was never valid, for example because one person was already married. Some religious groups also have their own religious way of ending a marriage, which they use alongside the civil process.
Why do marriages break down?
There is rarely one cause. Common reasons include:
💔 Growing apart
People change over the years. Their interests, goals and feelings may no longer match.
💌 Adultery
Adultery (a married person having sex with someone who is not their partner) breaks the promise of faithfulness and can destroy trust.
💰 Money worries
Debt, job loss or arguments about spending put strain on a marriage.
⚠️ Abuse
Violence or controlling behaviour is a serious reason to leave, and keeps people safe.
🏥 Illness
Long-term physical or mental illness can put heavy pressure on both partners.
⌛ Pressure of work
Long hours or time away from home can leave a couple with little time together.
The law in England and Wales
Divorce law differs from country to country, so this lesson looks at one: England and Wales. Before April 2022, one partner usually had to blame the other, for example for adultery or unreasonable behaviour, or the couple had to live apart for a set time first. This could make a painful time worse.
Since April 2022 the Divorce, Dissolution and Separation Act 2020 has allowed no-fault divorce. Nobody has to blame anyone. One partner, or both together, says that the marriage has broken down for good. There is a minimum waiting period of 20 weeks from applying, then a further 6 weeks, before the divorce is final, which gives time to think and to agree arrangements. A couple still cannot apply in the first year of marriage.
Attitudes to divorce and remarriage
📖 Religious attitudes
Many religions teach that marriage is a lifelong promise made before God, family and community, which should not be broken lightly. Some believers say divorce is always wrong. Many others say it is sad and regrettable, but allowed when a marriage has truly failed, for example through abuse or adultery. Attitudes to remarriage also vary. Some groups allow it, some allow it only in certain cases, and some do not allow it while a former partner is alive.
💬 Non-religious attitudes
Many humanists and atheists say marriage is a personal matter between two people. They argue it is better for a couple to part than to stay together unhappily or in conflict. Many also stress concern for the children, and say that parents should work together, whether or not they stay married. Many see remarriage as a chance to build a new relationship.
So attitudes differ within religion as well as between religious and non-religious people. Some believers in the same religion hold stricter or more relaxed views.
Effects of marriage breakdown
🧑 Individuals
Emotionally, people may feel grief, anger, guilt or relief. Financially, one home must now pay for two, and savings and property must be shared. Housing may mean one or both partners moving. Children are affected too, but that is covered in the lesson Family Life: Types of Family, Roles and Responsibilities.
🕌 Religious communities
A community may feel sad that a marriage has ended, or may support the couple. Some people feel judged or leave the community. Others find help there, because many communities offer support and advice from religious leaders.
🏢 Society
Divorce costs money in courts and in support for families. Many people say easier divorce means fewer people trapped in unhappy or unsafe marriages. Others worry it makes marriage seem less permanent.
Help for couples
Many couples try to save the relationship first. Counselling gives them a safe place to talk about problems, and religious leaders often offer marriage guidance. If the marriage does end, mediation can help a couple agree arrangements calmly. Both are voluntary, and neither works for everyone.
Common mistakes
- Mixing up divorce and annulment. A divorce ends a valid marriage, but an annulment says there was never a valid one.
- Saying that all religious people are against divorce, or that all non-religious people support it. Views vary.
- Writing about why marriages break down when the question asks about attitudes. Answer the exact question.
- Forgetting that no-fault divorce is a law about one country, England and Wales.
Exam-style question
Paper 1, AO1 and AO2.
(a) Identify three reasons why marriages break down. [3 marks]
Model answer (a)
1. Growing apart (1) 2. Money worries (1) 3. Abuse (1)
(b) Outline two ways that counselling and mediation help couples. [4 marks]
Model answer (b)
Counselling gives a couple a safe place to talk through their problems (1), which may help them to save the marriage (1). Mediation helps a couple who are divorcing to agree things like money and housing (1), without a court having to decide for them (1).
(c) Explain why there are different attitudes to divorce. [6 marks]
Model answer (c)
Many religious people believe marriage is a lifelong promise made before God, so they think divorce is wrong or regrettable (2). Some believers accept it when a marriage has truly failed, for example through abuse, so attitudes differ even within one religion (2). Many humanists and atheists see marriage as a personal matter between two people, and say it is better to part than to live unhappily, although they also care about the children (2).
(d) 'Divorce should be made harder.' Evaluate this statement, showing you have considered different points of view. In your answer you should refer to at least one religion. [12 marks]
Plan for (d)
For: many religions teach marriage is a lifelong promise (add a teaching from your own religion here); easy divorce may mean couples give up too soon; divorce hurts individuals financially and emotionally; a waiting period gives time to try counselling. Against: no-fault divorce means nobody has to blame their partner; people should not be trapped in unhappy or abusive marriages; humanists say it is better to part than to live in conflict; many religious people also accept divorce as a last resort. Possible conclusion: weigh the value of lasting commitment against the harm of staying in a failed marriage. A strong answer might say that the law should protect people from abuse and unhappiness, while encouraging counselling first.
Exam tip
In (c), when the question says 'different attitudes', give a religious view, a contrasting view within or outside religion, and a reason for each.