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

  • A spotlight on child arrangements in the UK
    Celebrating National Children’s Day.


    Read more
  • How should an employer respond to a ‘heat of the moment’ resignation?
    Employers should remember that a 'heat of the moment' resignation should be treated differently from those that come in the usual course of business. They are often verbal and unexpected and usually follow a workplace disagreement. To do otherwise ma


    Read more
  • An Introduction to Private Client Law
    Lasting Powers of Attorney


    Read more
  • Understanding financial provisions on divorce
    Divorce can be emotionally challenging, and navigating the financial aspects can add to the challenge.


    Read more
  • Digital divorce: the highs and lows
    According to figures from the Ministry of Justice, digital divorce applications rose by 20% in the year following the introduction of no-fault divorce (2022 to 2023).


    Read more

What they say...

  • Deborah Mendel-Lion, May 2024
    “My house sale was dealt with extremely efficiently and professionally [by Martin Alfreds] with the minimum of stress. All correspondence was handled by return and I was informed of the progression of the sale promptly.” Residential sales

  • Peter W, May 2024
    “Patrick Simpson provided first class support when I experienced redundancy. I couldn’t have asked for more. Demonstrating his superior knowledge and experience and explaining everything to me with crystal clarity. Efficient and timely with a

  • Mr Rose, April 2024
    “The firm acted for me in an employment matter where the issues were as much practical as legal. The advice given was thorough and clear, marrying black letter law to the practicalities. This helped me greatly in achieving a satisfactory outcom

  • Brian Higgins, April 2024
    “Patrick was excellent, responded quickly and gave concise, clear advice. He made the process very straightforward.” Employment

  • J. Cassell, April 2024
    “We were advised by Charlotte Barbaroussis. Her dealings were very professional. She was pleasant easy to deal with and very approachable. Her help during the process of setting up my wife’s and my will made the task a lot easier.”

Read more
Send this to a friend