Latest reports suggest UK divorce applications have skyrocketed following the introduction of No Fault divorce in April this year. But is all as it seems? Lisa Dawson, Partner and Head of Family at Ellisons Solicitors, takes a closer look at just what is happening behind the scenes.
According to latest reports, divorce applications are the highest they have been in a decade. Latest figures published by the Ministry of Justice show that 33,566 applications were made under the new and old law – a 22% increase on the same period last year and the highest number of applications in a decade. I, and I expect most family practitioners, am not surprised by the figures. Doing away with blame where divorce is concerned allowed for a reinvention of divorce laws across the country. It also gave couples a clear path ahead for those separating who wanted to end their marriage in the cleanest way possible.
However, in my view it, the increase is not simply down to No Fault divorce suddenly being an option. Many of our clients who have instructed us since No Fault divorce was introduced have been holding out and waiting for this option to become available to them. This view is supported by the latest figures obtained by Sky News, which states that decree absolute pronouncements were down 35% in April to June 2022 compared to the same time frame in 2021. These figures to me would indicate fewer people had filed petitions in the lead up to the six months before those dates. This was a time when we knew for certain No Fault divorce was on the way.
We had been assured for years No Fault divorce was coming and had shared that information with our clients. Unfortunately, Covid-19 ensured it was delayed just that bit longer and therefore many people did not want to commence the fault-based process of divorce. Instead, they patiently waited to use the No Fault divorce option, which meant the subject of blame within the divorce petition at least could be avoided.
The new No Fault divorce petitions do enforce a 20-week time period between the issuing of the divorce application and the ability to apply for the conditional order. But given the delays incurred with paper petitions (reference is made to these delays in the Sky News article) this is a small price to pay in comparison to the previous fault based and hugely delayed system. Separated couples can use the 20 week period to negotiate a financial settlement and agree arrangements in relation to any children. Where there is urgency there is the option of a separation agreement prior to a consent order being filed with the court to protect any agreements reached.
There is, of course, the possibility more people simply are getting divorced following the overhaul. Covid-19 and the years which have followed have put increasing pressure on families causing relationships to breakdown. Families are now having to tackle the cost-of-living crisis, on top of those existing pressures and so this is likely to test already fractious relationships.
Either way, it is too simplistic to simply lay the blame of an increase in divorce figures at the feet of No Fault divorce. I do not believe it has encouraged more people to get divorced, however only time will tell.
