Skip to main content

Insight article

December 2, 2022

Divorce applications at ten-year high

On 6 April 2022, the Divorce, Dissolution and Separation Act (2020) came into force - a landmark reform introducing ‘no-fault divorce’ for couples ending their marriage.

As a result of the new legislation, statistics released by the Ministry of Justice show divorce applications from April to June of this year were at a ten-year high, up 22% from the same quarter in 2021. So, why were so many couples holding out to file for divorce until after 6 April?

What is a no-fault divorce?

No-fault divorce allows couples to divorce without attributing blame to any one party. It intends to make the process less acrimonious and enable people to focus on other practical and emotional aspects of their separation, including reducing conflict for children.

How does no-fault divorce make the process easier?

The Act brought several long-awaited changes that made it easier for couples to end their marriage or civil partnership. It might explain the recent spike in divorce applications since the new rules came into force.

Grounds for divorce

Previously, divorcing couples had to show that their marriage had irretrievably broken down by establishing one of the ‘five grounds’ of divorce. These were adultery, unreasonable behaviour, desertion, living apart for at least two years with consent and living apart for at least five years without consent.

As the concept of fault has been removed from divorce proceedings, there is no longer a requirement to demonstrate the irretrievable breakdown of a marriage. Couples no longer have to cite one of the five grounds for divorce.

Divorce applications can no longer be contested

Under the old rules, one party could contest the divorce if they did not agree with the grounds. This could either delay or potentially prevent the divorce from being successful – thus forcing one party to stay married to the other against their wishes.

One of the most significant changes under the Act is that respondents can no longer contest divorce petitions except for reasons of jurisdiction.

Joint divorce applications

Under the Act, one single party is no longer required to initiate divorce proceedings. Instead, a couple can now make a joint application.

Updated terminology in the divorce process

The terms and wording previously used during the divorce process have been modernised. For example, the person applying for the divorce is now called the applicant rather than the petitioner. In addition, the decree nisi is now a conditional order, and the decree absolute is called the final order.

Despite these reforms, obtaining professional legal advice from a family lawyer (preferably a Resolution member) is essential. A solicitor will ensure that items, such as the financial settlement, are dealt with properly at the time of divorce.

Speak to family solicitor Pippa Marshall today.

Note: This article is not legal advice; it provides information of general interest about current legal issues.

Stay in touch

Subscribe to our newsletter

Stay in touch

By completing your details and submitting this form you confirm you are happy for us to send you marketing communications and that you agree to our Website Privacy Policy and Legal Notice and to us using Mailchimp to process your data.


Sending

News/Insight

  • Buying a commercial unit: what you need to know
    Buying a commercial unit can be a valuable step for your business, but it comes with legal, tax, planning and property risks. Brinda Granthrai explains what buyers should consider before committing.


    Read more
  • Pension and inheritance tax changes from April 2027: why now is the time to review your will and estate plan
    From 6 April 2027, most unused pension funds and pension death benefits are expected to be included in a person’s estate for inheritance tax purposes. This article explains what the changes could mean for families, pension nominations, wills, chari


    Read more
  • What happens when company owners disagree? The key to keeping private companies running smoothly
    Director and shareholder disagreements can quickly disrupt a business if they are not addressed early. This article explains what disputes can mean for a private company, how they can be avoided, and how legal advice can help protect stability and su


    Read more
  • SMEs urged to review risks as liability rules expand
    New criminal liability rules taking effect on 29 June 2026 will make it easier to prosecute businesses of any size where senior managers commit offences while acting on the organisation’s behalf.


    Read more
  • AI-written grievances add new pressure for employers
    AI is making it easier for employees to produce detailed, formal-looking grievances that refer to legal concepts and workplace rights. For employers, the key is to look beyond the language, identify the core concern and follow a fair, consistent grie


    Read more

What they say...

  • Dino, July 2026
    A lucky professional meeting! “We had an excellent professional experience to recommend to all those who need legal help in the UK.”

  • Client, July 2026
    10-star service from Patrice Lawrence “I cannot encompass in words how brilliant a service and support I have received since working with Patrice. Effective efficiency, exceptional excellence. All this and more. I am grateful that Patrice manag

  • Dino, July 2026
    Unexpected and very valid professional experience “Law firm to be recommended also to non-residents in the UK”

  • Client, July 2026
    Seamless experience “My recent experience with RIAA Barker Gillette was exceptional. They provided considered care, attention to detail, and I felt supported every step of the journey. This was my first time working with a solicitor, and I was

  • Client, July 2026
    Highly professional “Very professional & friendly throughout the whole process. Clear & concise in all communications. Highly recommended.”

Read more
Send this to a friend