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Wednesday, 18 July, 2001, 11:37 GMT 12:37 UK
Divorce 'becoming less bitter'
Couple in counselling
Couples are more willing to seek advice
Divorces in Scotland is becoming less bitter and adultery is no longer the main reason for splits, according to a new study.

Legal experts said the latest figures, released by the Law Society of Scotland, revealed an increasing number of Scots are taking extra time to think about divorcing their partners.

They said couples are more willing to seek advice and talk things over.

The latest statistics showed an 11% drop recorded between 1981 and 1999 in the number of spouses divorcing because their partners have cheated on them - down from 17% to 6%.


"We are much more concerned with finding painless solutions and encouraging people to reach agreements rather than battling things out unnecessarily.

John Fotheringham of the Family Law Committee
In 1981, 25% of divorces were granted because couples had been separated for more than two years - that figure, in the latest statistics, has almost doubled to 46%.

Twenty years ago, 45% of marriages broke up on the grounds of misbehaviour, a number that has since dropped to 25%.

The latest figures also reveal that in 33% of divorces, one or both of the parties were under 21 when they tied the knot.

They also show 15% of men and women now divorcing have been married before and that the average marriage in Scotland lasts 12 years, a figure that has remained unchanged for the last five years.

More amicable

John Fotheringham, Fife-based lawyer and vice-convener of the Family Law Committee, said: "Divorce is never an easy matter.

"Some of the difficulties couples come across can be avoided by taking expert advice at an early stage, especially on the questions of finance and pensions, the home and, most importantly, the children."

Mr Fotheringham said lawyers are now trying to make divorce more amicable and get rid of unnecessary hassles and worries.

"We are much more concerned with finding painless solutions and encouraging people to reach agreements rather than battling things out unnecessarily," he added.

"Irretrievably" broken down

The lawyer also said he believed adultery was probably as common a practice as ever but that people were choosing not to use this as a reason for divorce because it was too time-consuming.

At present, there is only one legal ground for divorce in Scotland. The law states that a marriage must have "irretrievably" broken down.

There are five ways spouses can prove their marriages are over including adultery, unreasonable behaviour, desertion and a two-year separation when both parties agree and five years apart when just one partner consents.

In a bid to make it easier for people to find information on divorce and other aspects of Scottish law, the Law Society has established a special phone line, Dial-a-Law, to provide help and advice.

The 24-hour service also puts people in touch with lawyers in their area that specialise in the particular aspect of law that they need.

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See also:

11 Jul 01 | Health
Genes 'determine divorce risk'
21 Jun 01 | Scotland
Civil marriages ring the changes
20 Jul 00 | Scotland
Hatch, match and dispatch
20 Jan 00 | Talking Point
Has the family changed forever?
01 Dec 99 | UK
Divorce change dropped
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