Divorce applications reach 10-year high as new law takes effect 

The number of divorce applications has reached a 10-year high, with the sudden increase thought to be largely due to the introduction of the no-fault approach to ending a marriage.

Sarah Hinett, Paralegal in our Family Law Team reports.

The figures for April to June 2022 show there were 33,234 applications, the highest number for a decade. 

Analysts suggest the increase is down to people holding off making applications until the new system came into effect in April.  

The Divorce, Dissolution and Separation Act 2020 is designed to reduce the potential for conflict amongst divorcing couples by removing the ability to make allegations about the conduct of a spouse and allowing couples to end their marriage jointly.    

Under previous law, one spouse had to allege adultery, unreasonable behaviour or desertion in order to start divorce proceedings immediately. Now they only have to state that the marriage has broken down irretrievably.    

The Act also allows couples to jointly apply for a divorce, where the decision to separate is mutual.  

Figures show that 78% of the applications were from sole applicants and 22% were from joint applicants, including those for the dissolution of civil partnership. 

There has to be a minimum period of 20 weeks between the start of proceedings and application for conditional order. This provides couples with a meaningful period of reflection and the chance to reconsider. Where divorce is inevitable, it enables couples to cooperate and plan for the future.    

It will no longer be possible to contest a divorce, except on limited grounds including jurisdiction.  

A Law Society spokesperson said: “We are pleased that this crucial ‘no-fault’ divorce legislation is now in force and being used, so that separating couples can divorce as amicably as possible.  

“Separating couples do not have to prove a fault-based fact against their ex-partner, or spend years still married to obtain a divorce, exacerbating tensions.” 

The new law is a welcome development in removing much of the blame game from divorce, but couples still face having to reach a financial settlement on how marital assets should be divided and, if they have children, what kind of care and contact arrangements should be put in place.    

Both these crucial subjects can be complicated and are best explored with the help of a specialist family law solicitor.    

If you would like more information about this article or any aspect family law please contact our team on 01228 516666.