The number of divorce applications reached a decade high after reforms making the separation process less acrimonious were introduced – but the cost of living crisis could see numbers begin to fall.
Provisions under the Divorce, Dissolution and Separation Act came into force on 6 April, meaning divorcing couples are no longer required to assign blame for the breakdown of their marriage.
Latest figures published by the Ministry of Justice show that 33,566 applications were made under the new and old law – a 22% increase on the same period last year and the highest number of applications in a decade.
Joanne Wescott, a family law partner at Osbornes Law, said recent months had seen a significant increase, largely because couples held off divorcing until the ‘no-fault’ legislation came into force.
However, she believes the increase will start to slow. ‘We are beginning to see couples putting the brakes on their divorces as economic uncertainty and the cost of living crisis stoke fears that divorce is simply unaffordable for them. Whilst financial tensions are a major source of conflict in relationships, splitting into two households will inevitably be more expensive for all concerned, with increased mortgage and rental costs and higher bills. Many fear they have too much to lose and will decide against getting divorced, at least for now,’ she said.
Of the 33,566 applications made between April and June, 33,234 were made under the new regime. Couples can now apply jointly for a divorce. However, only two in 10 applications were from joint applicants.
Under the old law, the mean average time from the date of petition to decree nisi was 36 weeks, up 12 weeks from last year. The mean average time from petition to decree absolute was 56 weeks, up seven weeks on last year. The ministry’s report states that the increases were affected by ‘resourcing issues which have led to backlogs’.
Couples now have to wait at least 20 weeks afer proceedings have started before they can apply for a conditional order (previously known as 'decree nisi'). This is, the government said at the time, to give them a ‘meaningful period of reflection and the chance to reconsider’.
The ministry’s report states that it will not comment on timeliness for ‘new divorce’ cases until a substantial number of conditional and final orders are made.
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