Divorce rate drops despite ‘no fault’ law to make it easier
DIVORCES have fallen to the lowest level since 1971 despite the introduction of “no fault” laws, figures have revealed.
There were 80,057 divorces granted in England and Wales in 2022, data from the Office for National Statistics (ONS) show, an almost 30 per cent decrease compared with the 113,505 granted in 2021.
It is the lowest number of divorces since the Divorce Reform Act, which included the irretrievable breakdown of marriage as grounds for separation, came into effect in 1971.
The figures prompted surprise among experts, after “no-fault” divorce laws, which allowed couples to begin legal proceedings without apportioning blame for the breakdown of their marriage, came into effect in April 2022.
The changes were intended to reduce the potential for conflict between divorcing couples and help them avoid the “blame game”. It was feared the laws, under the Divorce, Dissolution and Separation Act passed in 2020, would lead to a significant increase in the number of divorce applications.
However, lawyers say the cost of living may partly explain the steep drop, with couples holding off owing to the financial challenges of legal separation.
Sarah Jane Boon, a family lawyer and partner at Charles Russell Speechlys, said: “The figures are surprising given the introduction of the long-awaited no-fault divorce. It was widely thought amongst family law professionals that we’d see a significant jump in divorce enquiries and applications.”
She added: “Financial challenges related to the cost of living crisis is a likely contributor to the fall in divorce, as couples may have considered the economic benefits of staying together.”
Katie O’callaghan, a partner at Boodle Hatfield, said: “This is an unprecedented decrease potentially reflecting the general sense of economic uncertainty we are experiencing.
“The strain that the cost of living crisis and rising inflation has had on families cannot be underestimated.”
The ONS noted the lower numbers in 2022 may reflect the introduction of new minimum waiting periods, meaning divorces applied for after April 6 2022 may take longer to reach final order.
Opposite-sex couples divorcing in 2022 had been married for an average of 12.9 years while for male and female same-sex couples this was 7.5 and 6.3 years respectively.
Modern marriages appear to be lasting longer than 10 years compared with those in the 1990s. One in four marriages ended before their 10th anniversary in 1995, while 18 per cent of couples in 2012 divorced within 10 years.