Number of Divorces
The number of divorces in 2009 was 10,371, 10 per cent (1,142) fewer than the 11,513 in 2008. 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 7.1 shows the number of divorces between 1971 and 2009. There was a marked increase in the number of divorces up to a peak of 13,365 in 1985. The early 2000s saw 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 (13,076 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.
Figure 7.1 Divorces and marriages, Scotland, 1971-2009
Duration of marriages that ended in divorce
In 2009 the median duration of marriage ending in divorce was 15 years, compared with 12 years in 1999 and 11 years in 1985. Again, this change is probably due to more couples cohabiting rather than getting married, since the end of such relationships are not subject to divorce proceedings.
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 2009 24 partnerships were dissolved by 7 male couples and 17 female couples. This was up from the 14 dissolutions finalised in 2008.
Future publication of statistics on divorces and dissolutions
This chapter is shorter than in previous years because the Scottish Government has become the main publisher of statistics on divorces and dissolutions in Scotland, with effect from the figures for April 2009 onwards.
Other statistics on divorces and dissolutions will become available from the Civil Justice section on the Scottish Government Crime and Justice Statistics website via http://www.scotland.gov.uk/Topics/Statistics/Browse/Crime-Justice