Stats show impact of no-fault divorce
Categories: NewsFears that the introduction of no-fault divorce would lead to a spike in separations have been quashed by the latest Office for National Statistics (ONS) data, writes ORJ Head of Family, Angie Parker.
A monumental change in the divorce laws in England and Wales came into effect on April 6 2022, allowing people to divorce without the need to assign blame for the breakdown of the marriage.
Prior to this landmark day, people wishing to divorce had to provide evidence of adultery, unreasonable behaviour, separation or desertion.
There were fears in some quarters that this change would send divorce rates spiralling but, thankfully, that has not played out in reality.
The ONS released their annual figures at the start of July showing that in 2023 there were 103,816 legal partnership dissolutions, comprising of both divorces (102,678) and civil partnership dissolutions (1,138) – a similar number of annual cases granted to pre-coronavirus pandemic levels.
The divorce rate per 1,000 of the married population for all couples was 8.6 for men and 8.5 for women. This is an increase from 2022, where the divorce rate for all couples was 6.7 for men and 6.6 for women per 1,000 of the married population – but significantly lower than the 1993 peak where rates hit 14.3 for men and 14.1 for women.
This overall downward trend over the last 32 years can be attributed to more people cohabiting rather than getting married.
In 2023, 74.2% of all divorces were granted under the Divorce, Dissolution and Separation Act – or the no-fault divorce act as its commonly referred to. This was a huge leap from 9.2% the previous year.
Clearly, the number of divorces settled under the new laws will continue to increase with only historic, lingering cases before being dealt with under old legislation.
Interestingly, though the Act encourages amicable cooperation between separating parties and joint applications for divorce, 73.1% of final orders granted under the new legislation were sole applicants.
No-fault divorce has certainly been a positive in my view. Having to attribute blame to a partner meant divorce proceedings always started with some animosity.
But the one obvious negative is the additional amount of time it can take, largely due to the minimum 20-week cooling off period. I understand the thinking behind it, but sometimes it’s just not necessary.
Stats show the average time from application to final order is currently 74 weeks, up seven weeks from the equivalent quarter in 2024.
I hope a solution can be found which allows couples to separate more quickly moving forward.
If you are embarking on a divorce, speak to me about getting the ball rolling as amicably as possible – Angie.Parker@orj.co.uk or 01785 223440.