GROUP 6

MEMBERS

1. Gilbert Bett

2. Lucas Nyabakereri

3. Rashid Juma

4. Moses Kamau

Table of contents PAGE

I. A clear understanding of the divorce (Definition various scholars) …………………1

II. Trends of the issue in the world, Africa and Kenya………………………………….1-3

III. Views of those who support………………………………………………………...4

IV. Views of those who oppose………………………………………………………...4-5

V. Biblical Position on the issue……………………………………………………….5

VI. Group’s position……………………………………………………………………6-10

(I). causes of divorce……………………………………………………………….6-8

(ii). divorce risk factors…………………………………………………………….8-9

(iii). effects of divorce……………………………………………………………...9-10

VII. Recommendations…………………………………………………………………11

VIII. Conclusion……………………………………………………………………….11

IX. References…………………………………………………………………………12
INTRODUCTION

Divorce, also known as dissolution of marriage, according to Wikipedia it is the process of

terminating a marriage or marital union. Divorce usually entails the canceling or reorganizing of
the legal duties and responsibilities of marriage, thus dissolving the bonds of matrimony between
a married couple under the rule of law of the particular country or state. Divorce laws varies
around the world, but in most countries, divorce requires the sanction of a court or other
authority in a legal process, which may involve issues of distributing property, child custody,
alimony (spousal support), child visitation / access, parenting time, child support, and division of
debt. In most countries, monogamy is required by law, so divorce allows each former partner to
marry another person.

Suncl ltd- divorce is referred to the legal termination of a marriage by a court in a legal
proceeding, requiring a petition or complaint for divorce.

Definition by Merriam-Webster divorce is - the action or an instance of legally dissolving a

marriage. According to oxford dictionary, it is the legal dissolution of a marriage by a court or
other competent body.

Divorce is different from annulment, which declares the marriage null and void, with legal
separation or de jure separation (a legal process by which a married couple may formalize a de
facto separation while remaining legally married) or with de facto separation (a process where
the spouses informally stop cohabiting). Reasons for divorce vary, from sexual incompatibility or
lack of independence for one or both spouses to a personality clash.

Trends of the issue in the world, Africa and Kenya

(i)Divorce rate is declining

According to common quoted Divorce Statistics claims that half of all marriages end in divorce.
Overall there are fewer marriages overalls as more couples are choosing to live together that is,
cohabitation instead of getting married. This translates into fewer opportunities to get divorced
and that equals declining divorce rates.

(ii) Grey divorce” is on the rise

Although the overall divorce rate is declining, one particular age group is seeing a dramatic rise
in marital breakdowns—the 50-and-over crowd. The phenomenon even has a name to describe
it: “the grey divorce revolution.

(iii) Women initiation divorce more than men

Between better financial independence and reduced social stigmas for women than there has ever
been, women nowadays initiate the majority of divorces. Two out of every three, in fact. There
are other reasons for this too, including rising reports of domestic violence or abuse.

(iv) Children are strongly influenced by divorces

The marital status of a child’s parents has been shown in studies to have a strong correlation to
their future income levels and marital strength. Children of married parents tend to have a better
income status as well as stronger marriages than those who come from divorced households.

(v) Divorce rates differs across the country

The west coast of the United States has the highest divorce rate in the nation, while the middle of
the country tends to have the lowest rates. There are numerous reasons for this, but one key
factor may be some of the cultural differences between the Midwest states and the west.

Japan

In Japan, divorces were on a generally upward trend from the 1960s until 2002 when they hit a
peak of 290,000. Since then, both the number of divorces and the divorce rate declined for six
years straight. In 2010, the number of divorces totaled 251,000, and the divorce rate was 1.99
(per 1,000 population).

India

The Hindu Marriage Act is an Act of the Parliament of India enacted in 1955. Three other
important acts were also enacted as part of the Hindu Code Bills during this time: the Hindu
Succession Act (1956), the Hindu Minority and Guardianship Act (1956), the Hindu Adoptions
and Maintenance Act (1956). DIVORCE UNDER VARIOUS ACTS IN INDIA The Parsi
Marriage and Divorce Act, 1936 The dissolution of Muslim Marriage act, 1939 The Parsi
Marriage and Divorce Act, 1936 The Special Marriage Act, 1956 The Foreign Marriage Act,
1969 Dissolution of Muslim Marriages Act, 1939 The Dissolution of Marriage and Judicial
separation (under the Indian Divorce Act, 1869)

Due to the existence of diverse religious faiths in India, the Indian Judiciary has implemented
laws separately for couples belonging to different religious beliefs. Mutual consent divorce
procedure is relatively easier and fast while contested divorce procedure takes longer and
depends on the religions of the couples.

United States

In 2012, on average, first marriages that end in divorce last about eight years. Of the first
marriages for women from 1955 to 1959, about 79% marked their 15th anniversary, compared
with only 57% for women who married for the first time from 1985 to 1989. The median time
between divorce and a second marriage was about three and a half years. A 2011 study found a
1% increase in the unemployment rate correlated with a 1% decrease in the divorce rate,
presumably because more people were financially challenged to afford the legal proceedings.

A 1995 study found a wide range of factors correlating with the divorce rate including frequency
of sex, wealth, race, and religious commitment.

IN KENYA

Divorce! What a hard-legal word. But it happens, and it is not the end of the world. Just the end
of a marriage! If you are going to end it, file the case in a smaller town (not Nairobi) where the
matter may take months, instead of years, and cost less than a hundred grands; especially in cases
where both parties want OUT without conflict.
Views on those who support divorce

Jones, who is the author of Faithful a Theology of Sex, tried to brings a broad conceptual view to
biblical teachings on divorce. She quoted from the bible in Matthew 19:9, that,” Jesus forbids
divorce ‘except for unchastity.’” She explains further that when a spouse breaks the marriage
covenant through sexual sin that is porneia. Divorce is not, of course, required in such cases, but
it is permissible. I see this as a way that Jesus protects us in a world torn apart by sin. Because
human being is precious to God, we are not required to stay in an unhealthy marriage when we
have been betrayed through porneia.

John Milton, one of England's greatest poets and a Puritan officer in Cromwell's Commonwealth
government. Milton's views were not to go unchallenged about dissolution of marriage when no
reconciliation. The Westminster Confession of Faith was published. Its section on marriage
stated categorically that nothing but adultery and willful desertion is sufficient reason for
dissolving the marriage bond

Views on those who oppose divorce

Dr. Andreas Köstenberger, who is the president of Biblical Foundation, under the which he
suggested that divorce is not mandate or even encouraged but seeking forgiveness and
reconciliation to extend and pursue it at all possible.

It is also more cautious, arguing that while the Bible displays a pervasive concern for justice and
is concerned with protecting the vulnerable, the bible also teaches that believers can glorify God
by bearing up under unjust suffering. This calls for wisdom and balance. Certainly, we should do
everything we can to protect victims of abuse while at the same time respecting the marriage
bond and not dissolving it lightly.

Dr. Beth Felker Jones, an associate professor of Theology at Wheaton College adds that,
Marriage, which is created by God as a “one flesh” union, is meant to be a sign of God's
unbreakable covenant with us. This is an important symbol throughout the Scriptures. God is
compared to a husband and God's people to a wife. When, by the grace of God, we're able to
keep a marriage together, we get to be symbols that is imperfect symbols, but still symbols of
God's faithfulness to his people. Marriages are supposed to last longer because they are symbols
of God's lasting love for us.
The Roman Catholic Church does not recognize divorce. This is because according their
scriptures a marriage can only end when one partner dies or if there are grounds for an
annulment.

Biblical perspective on divorce

First, In the Bible Mark 10: 6-9 states, “But at the beginning of creation God ‘made them male
and female. ’For this reason, a man will leave his father and mother and be united to his wife,
and the two will become one flesh.’ So, they are no longer two, but one flesh. Therefore, what
God has joined together, let no one separate.”

The view here can be seen when Jesus quoting on from the Book of Genesis. He stressed the
notion that God intended for a husband and wife not to separate from one another. This was
specific in the solidity of marriage and as the intent of marriage was as permanent.

Second, Mathew 19:9 says, “I tell you that anyone who divorces his wife, except for sexual
immorality, and marries another woman commits adultery." This verse suggests that if your
husband or wife commits adultery, then that bond that God had made between you can be
dissolved, as husband and wife has already broken the unity between you.

Feeney’s unique cases of God permission to divorce and remarry is that Christian believers
unbelieving spouse leaves the believer and not its vice versa. In this case Christian is allowed to
divorce and remarry (Feeney, 2005). In Ezra 10:2-3 it says,” Then Shekaniah son of Jehiel, one
of the descendants of Elam, said to Ezra, ‘We have been unfaithful to our God by marrying
foreign women from the peoples around us. But in spite of this, there is still hope for Israel. 3
Now let us make a covenant before our God to send away all these women and their children, in
accordance with the counsel of my lord and of those who fear the commands of our God. Let it
be done according to the Law.” This was a marriage between believers and nonbelievers in
accordance to God’s law.
Group position on;

CAUSES OF DIVORCE

1. Extramarital affairs

Spouses may have promised to stay loyal to each other forever and they may have vow about it.
Down the years, these promises could be blurred through infidelity or cheating. infidelity is a
huge reason that makes people get divorced and finish with their marriage. This happens when a
person starts to cheat on her or his spouse. Therefore, infidelity is a sign that shows that there is
no love anymore among them. Also, doubts start to appear between them; they are thinking all
the time what their partners are doing or what they do when they are not together. For example,
if she calls her partner and he does not pick up the phone, she thinks he is with another woman in
that moment and maybe he is busy at work. That is why people think the best option is to get
divorced.

According to the study, 27% of the divorces happen due to cheating. Infidelity will always leave
a long-lasting scar on partners.

2. Lack of communication

Good communication is one of the foundations of a strong marriage. Issue of yelling at your
spouse, not talking enough throughout the day or same days, making nasty comments to express
your self are all unhealthy method of communication that need to be ditched in a marriage.
Before people get married, they do not have problems. However, and if they have them, there is
always a solution. Instead when they get married, all that changes. For example, if the woman
wants to talk or spend time with her husband and he does not want listening her; she will feel not
loved. Also, if she wants intimacy and he does not have time to show his love towards her this
will create insecurity; she will feel not desired and will start thinking about divorce.

3. Drug or alcohol addiction

One of the reasons for divorce, alcohol or abuse of drug batter a family young repair. If a couple
has problems with alcohol or drugs, she or he will start to argue with you about everything
without any reason. Then, fights will appear and he will hit you or hit your children. People try
to solve this problem, but nothing works, it does not make any difference how many times they
try. Then, the only option for people is divorce. They will not suffer physical pain or even mental
abuse again.

4. When love is not the foundation

Some people marry from different reasons but if love does not exist in their marriage then surely
disagreement and divorce will be a result. People always marry each other because of love.
When love is no longer, there divorce is always imminent. Some marriages or relationship are
not because of love for each but other things like material things, then the marriage will end once
their materialistic goals have been met.

5. Changes in marriage promises and priorities

Before two couples get married, they always have promises that they make to each other. For
example, how many children they want to have, improving their living conditions. Furthermore,
if one has never had children before, they have zero or no parenting skills at all, so they have to
talk to experts to gain knowledge. Some religions are very strict when it comes to having
children. They believe that the marriage is not complete without children.

6. Financial constraints

If couples with different discipline get married, divorce will always be the solution to their
problem. In marriage finance is crucial because without money every operation in the house
might fail. Examples fail paying rent, buying foodstuffs and paying school fees for children. If a
couple has poor management of money, divorce is mostly likely to be a result.

7. Constant arguments

It is very difficult or rather abnormal when two people living together or couples and argue on
everything. In many homes, we get to hear married people arguing with each other. The problem
arises if these arguments do not have be reconciled and get out of hand. If it gets out of hand, it
brings about disunity in the house which will eventually lead to divorce.

8. physical, emotional and sexual abuse

Some couples are in marriage with different kinds of abuse ranging from physical, emotional to
sexual. Women are the main victim of these abuses. Women can no longer be used as punching
bag by men. Issue of husbands beating their wives have risen to an extend that women seek
divorce as a solution to prevent further abuse.

Divorce risk factors

This are surprise things or factors that can lead to splitting up of marriage. They may be
surprising, some understandable and other obvious that simple raise of a couple’s odds of
separation. They include

(a) less education; this is something to do with fact that couples who have less education are
more likely to have financial problems, which prompted to marital issues and divorce. Married
couples with degrees earn more money and enjoy a higher standard of living.

(b) early age marriages; it is not a surprise that tying the knot as a teenager make you vulnerable
to divorce later. Teenagers don’t have maturity to pull it off. Couples who delay marriages until
late twenties late say age 25 and above decreases their divorce risk by 24%.

(c) lack of religious affiliation; faith plays a significant role in preventing divorce. Married
couples who practice same form of religion have a lower divorce rates as compare to secular
population. Studies published by Bowling Green State University in USA suggest that husbands
and wives who share common faith stay together more often than those with dissimilar belief
systems. Nonreligious couples may be more lenient about the acceptance of divorce.

(d) lack of marital education; failure to participate in pre-marital counseling can significantly
increase your divorce risk. Pre-marital counseling teaches couples effective problem-solving
skills that are essential for diffusing arguments before they explode into full-blown marital
disputes which may lead to divorce.

(e) less income/ money matters; poverty is one of the foremost barometers of a high divorce risk.
Financial constraints can cause a rift in a marriage. This include constant stress, worry and
concern over how to pay bills and fulfilment of basic needs. When these couple accumulate a
significant debt, then their marriage is automatically more likely to fail.

(f) having divorced parents; when couples come from broken homes, the chances of divorce
increased by 50 percent. If one or both of individual in a marriage have a divorced parent, their
chances of divorce triples. This may be due to them having a feeling that it is more acceptable to
divorce if they are having difficulty or disagreements with their spouse.

(g) cohabitating before marriage; The study suggests that couples who feel the need to engage in
a marriage of "trial run" might already suspect their relationship is doomed to fail. Researchers
also found that this lack of confidence tended to carry over into the marriage. People who live
together before marriage that is cohabitating are less likely to be religious, for example, which is
actually the next risk factor for divorce.

Effects of Divorce

Different authors, religious leaders and psychologists have come up with effects that may be
caused by divorce in the society. Divorce can save people from a bad marriage, but research has
shown that it can also debilitate a society. Divorce is the most difficult phase of a married
couple’s life. As adults, they might eventually get over the tough period, but children become a
collateral casualty. Their minds are tender and can slip into a state of shock on seeing parents
split forever. Divorces have got a number of challenges which mainly affects the children as
follows;

1.Mood swings and irritability:

Young children may suffer from mood swings and become irritable even when interacting with
familiar people. Some children will go into a withdrawal mode, where they stop talking to
anyone and shut themselves away. The child will become quiet and prefer spending time alone.

2.Intense sadness:

Acute sadness rushes through the heart and mind of the child. Nothing feels good in life, and the
child may eventually plunge into depression, which is a long-term manifestation of this sadness.

3.Disillusion and distress:

Children of divorce may feel hopeless and disillusioned because they do not have the
comprehensive emotional support from their parents. This situation can become worse if the
child is looked after by a single parent with no access to the other parent. Anxiety: The result of a
divorce causes the child to become tense, nervous, and anxious. Young children are more prone
to it than the older ones since they are heavily dependent on both of their parents. An anxious
child will find it difficult to concentrate on his studies and may lose interest in activities that he
once found enticing.

4. Behavioral and social problems:

A child is at a greater risk of developing violent and antisocial behavior when the parents’
divorce. He or she may lose temper and show no hesitation assaulting someone. In the long run,
it may lead to the development of a criminal mindset, especially during the adolescent years.
Studies show that most children of divorce display the characteristic traits of aggression and
disobedience with varying degree of intensity.

5.Trouble with relationships:

When children grow seeing a marriage fail, they develop doubts about love and harmony in a
relationship. They have trust issues and find it challenging to resolve conflicts in a relationship.
Such children, as adults, will start any relationship with a negative mindset.

6. Depression:

The feeling of anguish and heart break caused by parents’ divorce can make a child slip into
depression. Depression is a mental health problem, and children who witness divorce have a
higher incidence of depression and social withdrawal.

7.Poor education and socio-economic position:

The adverse psychological effects of divorce diminish a child’s interest in education. Children
who experience the divorce of their parents show a drastic drop in their school performances. It
can significantly affect ta child’s ability to learn a. A stunted progress in education hampers
career prospects of the child as an adult, which make it difficult to have a decent socio-economic
status.

Despite that there are various reasons that justifies divorce, but in our case, we conclude that this
act should be condemned with the strongest terms possible.
The group recommendations

•Families should pray to God so that the ideas of divorce are unheard

•The couples should try to find alternatives in solving the differences in the family

•Judges should allow enough time to declare the husband a wife divorce.

•Couples should figure out the consequences of divorce reaching the final decisions

•Couples should make their children aware of what is going to happen after divorce.

•Couples should inform the in laws of all side before signing the divorce forms.

•Couples should try to attend crusades and seminars where they will learn on the importance of
upholding peace in the family.

CONCLUSSION

People normally opt for divorce for complex reasons and some of these reasons have little or
nothing to do with marriage compatibility. Boredom, falling in love with somebody else, poor
communication habits, irrational ideas about what one or other partners wants from life are the
real reasons why marriages break up.

For these reasons I strongly beliefs that most marriages can be saved and turned into a satisfying
relationship if both partners commit themselves to one another and making the marriage work
and if both are willing to get help and do some changing in their characters. Divorce is unbiblical
and hence couples should not think about it in any way.
References

1. Divorce – A Biblical Christian Perspective. (October 1,2014). Retrieved from

https://probe.org/divorce/

2.Divorce in Regard to Christian Ethics. (2010, May 5). Retrieved July 8, 2019 from
https.//www.essaytown.com/subjects/paper/divorce-regard- Christian-ethics/2489

4. Emery Robert (2013): Cultural Sociology of Divorce.

5. Lukas R. Dean, Jason S. Carroll, and Chongming Yang, “Materialism, perceived financial
problems, and marital satisfaction.” Family and Consumer Sciences Research Journal 35 (2007),
pg260-281

6.Divorce- Encyclopedia Britannica

7. Holy Bible – New International Version (NIV).

8.Diana Medved: Case Against Divorce. publisher, New York.

9. Divorce- Societies organization Retrieved (June 3, 2013)