Divorce cases drop by a third in 14 years

THE number of divorce cases has fallen by almost a third in 14 years, official figures show.

Fewer than 110,000 couples began the legal process to split last year – a dramatic drop from 172,000 in 2003.

At the same time, the number going to court to ask a judge to divide their property and set maintenance payments has also plunged. But while divorce rates have plummeted, the number of couples who do marry has only dropped by around 10 per cent.

Family Court figures released by the Ministry of Justice suggest that although fewer couples are marrying, those who do are increasingly likely to stick together.

Reasons for the decline in divorce may lie in the same developments which have led to fewer marriages. In past decades many couples married because their families expected them to do so. Since there is less pressure on modern couples to wed, those who do so are more likely to have made their own choice to commit to each other. And those considering splitting may be more aware of the emotional and financial toll of divorce on parents and their children.

The MoJ figures show that there were 109,339 divorce petitions – the documents that begin the legal process of divorce – in 2017, compared to 172,357 in 2003, the year figures were first collected. There were 102,883 decrees absolute – the orders that complete a divorce – against 153,716 in 2003.

The MoJ said the number of petitions was ‘down 4 per cent on 2016, and the lowest annual figure recorded in the years reported’. Decrees absolute fell by 5 per cent in 2017 compared to 2016.

The number of divorce financial remedy claims – including calls for lump sums, maintenance, and shares of property and pensions – started in the courts in 2017 was 42,296.

This was 758 more than in 2016, but down by more than a third on the 65,396 in 2006, the first year claims were counted.

The historic decline led opponents of easy divorce to question why judges and lawyers are promoting reforms to the law, such as introducing ‘no-fault’ divorces and making the process faster.

Last week the most senior family law judge, Sir James Munby, said that reform was ‘necessary and inevitable’.

But Jill Kirby, the former head of the Centre for Policy Studies think-tank, said: ‘These are welcome figures, showing there is clearly a trend of falling divorce.

‘We should celebrate that marriage is succeeding as an institution rather than making divorce easier. These figures show there is no compelling need for changing the way divorce operates, contrary to the views of many judges and lawyers.

‘Despite the cries for new law, the ones we have seem to be working pretty well.’