In both England and Wales, there has been a significant change in divorce law that has sparked a potential rise in divorces. The Divorce, Dissolution and Separation Act 2020, brought in in April 2022 is one of the biggest reforms to the laws we have seen in close to 50 years. To find out all the facts, read the Major family Law guide to no-fault divorce. In this article, we will explore the impact of the legislation and whether it has triggered a surge in divorces.
Divorce statistics
Following the introduction of the new rules, there has been a notable increase in people filing for divorce in Wales and England. Although the new laws have only been in effect since April 2022, there are already statistics revealing that divorce applications are at their highest in a decade because of the new no-fault rules. In 2022, according to the Ministry of Justice, there were 33,566 new divorce applications with most of these being administered under the new divorce rules. This represented the highest number since 2012.
Why have the new laws increased divorce rates?
There are several new elements of the new rules which could have affected the statistics. The most significant being that those seeking a divorce no longer must apportion blame to begin a divorce. The old laws required that divorce petitioners must cite a reason why they are beginning a divorce. Petitioners could choose from five different grounds, including desertion, adultery, unreasonable behaviour, separation for two years, or separation for five years.
What are the new changes?
Today, divorcing couples do not need to state any of these reasons on their application. They can simply cite irretrievable breakdown of the marriage to initiate proceedings. Although this may seem a minimal change, it goes a long way in suppressing any ill feeling, or conflict that often happens in divorce, even for couples who may have begun proceedings amicably. Couples can apply jointly or as an individual, with either or each spouse not having to state the other party’s poor behaviour. It is also hoped that because there is now no avenue to contest a divorce, this will prevent the continuation of domestic abuse where perpetrators can prolong proceedings and carry on abusing their victims.
Other changes to the law include:
- A cooling off period
To provide a period of reflection and time to sort out any practical issues related to the divorce, there is a 20-week cooling off period. Following this, a Conditional Order can be granted by the courts, and after six weeks from here, a Final Order officially ending the marriage can be granted.
- Terminology
In addition, new language is used. Instead of a ‘petitioner’ and ‘respondent,’ both parties are referred to as ‘applicants’ to help prevent antagonism. Instead of using Decree Nisi, ‘conditional order’ is used to confirm that you are entitled to divorce. Decree Absolute is no longer used and is replaced by ‘Final Order.’
How do I apply for a no-fault divorce?
You can apply for a no-fault divorce by making an application online. You will need to have at hand the names and addresses of both spouses and an original certificate of marriage.
Conclusion
With the potential for a more cordial process, it’s clear to see how the changes in the law have brought about a rise in divorce rates already in England and Wales. However, having only been in effect since April 2022, the greatest indicator as to whether there will be a continued increase in divorces will be the passage of time.
