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

  • Converting commercial property into homes: what the latest planning changes mean
    Converting offices and other commercial buildings into homes can create opportunities, but planning rules are only part of the picture. We explain the latest changes and the legal issues property owners, developers and buyers should consider before p


    Read more
  • Closing the AI skills gap
    Learn how SMEs can close the AI skills gap through practical staff training, checking AI outputs, protecting sensitive data and setting clear policies.


    Read more
  • What’s in a letter: Why one small change can spell big trouble for your brand
    Can changing one letter really protect your business name? Peter Moody examines recent trade mark disputes involving FLOWERBX and Vogue, and what businesses can learn about protecting their brands.


    Read more
  • Service charge disputes in mixed-use properties: who is responsible for what?
    Service charges in mixed-use properties can lead to disagreements between landlords, residential leaseholders and commercial tenants. We explore their legal rights, a recent Court of Appeal decision and how disputes can be resolved.


    Read more
  • The do’s and don’ts of using AI in your business
    AI can help businesses improve efficiency and make informed decisions, but it also comes with risks. Explore the key do’s and don’ts of using AI responsibly, including data protection, legal considerations and the importance of human oversight.


    Read more

What they say...

  • Rahul Khanna, October 2026
    Thank you – excellent service “Thank you so much to Qaiser, Vinay and Alex, who were extremely helpful throughout a long-running and complex matter. I really appreciated their clear advice and support.”

  • Client, October 2026
    Feedback “I engaged Karen Cole at RIAA Barker Gillette to support me through a grievance process and help me navigate discussions with my employer. From the outset, Karen provided clear, pragmatic advice and took the time to explain my options,

  • Bryan E, September 2026
    Absolutely outstanding “This firm is super professional, efficient and friendly at the same time. You could not wish for a better service. I have used them for my Will and a range of other matters over many years. I’ve found all the vario

  • Jan Norris, September 2026
    Excellent Service “Charlotte Barbaroussis has prepared our wills, LPAs and a discretionary trust. She was professional, kind and patient throughout. A very fine person to have looking after us.”

  • Brian Nunan, August 2026
    “I dealt with the group for many years, and no matter which solicitor I used, the results were always the same. Excellent!”

Read more
Send this to a friend