‘No Fault’ divorce applications fall by 12% after initial surge

The number of ‘No Fault’ divorce applications has fallen significantly following the initial surge when the new system came into effect in 2022.

Sarah Hinett, Paralegal in our Family Law Team reports.

Government figures show that in July to September 2023, there were 27,290 divorce applications. That was down 12% compared with the same quarter in 2022, which was the second quarter following the start of the new divorce law.

It’s thought that the initial surge was due to couples waiting for the new system to come into effect before starting divorce proceedings. The figures are now starting to level out.

The Divorce, Dissolution and Separation Act 2020 aims to reduce the potential for conflict among

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 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.

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 is no longer possible to contest a divorce, except on limited grounds including jurisdiction.

The new law has helped to remove 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 Sarah on 01228 516666 or click here to send her an email.