Number of Divorces
The number of divorces in 2008 was 11,474, 10 per cent (1,336) fewer than the 12,810 in 2007. Changes to divorce legislation were introduced by the Family Law (Scotland) Act 2006. The changes, which came into effect on 4 May 2006, reduced separation periods for divorce with consent to one year (previously two years) and without consent to two years (previously five years).
Figure 6.1 shows the number of divorces between 1971 and 2008. There was a marked increase in the number of divorces up to a peak of over 13,365 in 1985. Recent years have seen a slight fall from the levels recorded in the late 1980s and 1990s - perhaps because more couples are cohabiting without getting married, since divorce proceedings are not necessary to sever such relationships. The recent peak in 2006 (13,075 divorces), the highest figure since 1993, and the subsequent decreases in annual figures, were expected as a result of the change in legislation, because some divorces which were finalised under the new arrangements in 2006 would, under the old arrangements, have taken place in later years.
The information in this report covers divorces granted in Scotland, regardless of where the marriage took place. Divorces are now counted in the year in which the decree was granted. This is a change from previous reports, when a small proportion of divorces (broadly speaking, those for which GROS received the data more than two months after the end of the year in which the decrees were granted) were counted against the year in which GROS processed the records. The method of producing the figures has now been corrected, and the series has been revised back to 1985, so that it now gives the numbers of divorces which were granted in each year from 1985.
Figure 6.1 Divorces, Scotland, 1971-2008
Grounds for divorce
Figure 6.2 shows the trends in grounds for divorce between 1985 and 2008. From 2006 to 2008, it includes the new categories introduced by the Family Law (Scotland) Act 2006. Non-cohabitation / separation was the most frequent reason for divorce, accounting for 90 per cent of all divorces in 2008, nearly double the 48 per cent attributed to the non-cohabitation categories in 1985. Behaviour as the stated reason for divorce fell from 38 per cent in 1985 to 7 per cent and adultery as the stated reason fell from 13 per cent to less than 1 per cent. Since Autumn 2008, a new category of ‘grounds not known’ has been used for the divorces for which GROS has not been informed of the grounds. These cases were previously included under one of the ‘known’ grounds.
Figure 6.2 Divorces, by grounds for divorce, Scotland, 1985-2008
* New categories introduced with effect from 4 May 2006 by the Family Law (Scotland) Act, 2006
** Categories not used for divorce applications made after 4 May 2006
Divorces by marital status
Of those divorcing in 2008, 17 per cent of men and 16 percent of women had divorced previously. This compares with 10 per cent for men and 9 per cent for women in 1985. This is consistent with the increase in the proportion of all marriages where one or both participants was divorced previously (now 2 in 5 marriages compared with 1 in 4 twenty years ago).
Duration of marriages that ended in divorce
In 2008 the median duration of marriage ending in divorce was 15 years, compared with 12 years in 1998 and 11 years in 1985. Again, this change is probably due to more couples cohabiting for longer without getting married, since relationships which end before marriage are not subject to divorce proceedings.
Divorce by age at marriage
In 2008, 22 per cent of all divorces involved couples where at least one of the partners was aged 20 or under when they married. This is a significant fall from 58 per cent in 1985, but not unexpected given that the proportion of marriages where at least one of the partners was aged 20 or under has fallen from 25 per cent in 1985 to 2 per cent in 2008.
Dissolutions of civil partnerships
The Civil Partnership Act 2004, which came into force on 5 December 2005, allows same-sex partnerships to be dissolved in the same way that marriages can be ended by divorce.
The first dissolution in Scotland was finalised in 2007. In 2008, 14 partnerships were dissolved by 3 male couples and 11 female couples.