New Ministry of Justice data shows that no fault divorce did not create a surge in divorces
The latest published data shows that between October and December 2023 there were 23,517 no fault divorce applications (75% from sole applicants, 25% from joint applicants), including those for dissolution of civil partnerships. Annually, there were 110,770 divorce applications filed and 103,501 final orders granted throughout 2023, down 9% and up 29% respectively compared to 2022.
The mean average time for divorce and annulment cases to reach first disposal was 42 weeks in the recorded time frame – this includes both old and new divorce cases, with the former covering applications which would have been made some time ago, and the latter incorporating a 20-week wait between application and the conditional order. For new cases alone, the mean average time was 37 weeks.
During the same period 39,000 financial remedy applications were completed – a decrease of 19% from the previous year.
The latest divorce statistics for England and Wales provide several key takeaways:
- After the introduction of the ‘no-fault’ divorce regime in 2022 there were predictions that divorce applications would increase. However, headline stats have shown that there was actually a decrease in the amount of divorces, although the statistics only include divorces which have been finalised and not new applications.
- The average timescale for divorce remains far too long. When the Government introduced the no fault divorce legislation, the intention was that divorces could be concluded in 26 weeks (20 weeks for parties to reflect and agree the arrangements for their children and finances and then a further 6 weeks between conditional and final order for the financial agreement to be converted into its own court order). However, the average timescale remains much higher than that, between 37 and 42 weeks.
- It appears that not all couples who are divorcing are also obtaining a court order formalising their financial arrangements. If this is the case, it is worrying, as your financial claims against each other are only terminated with a separate order (called a financial remedy consent order).
The decision to divorce is not one which couples will make because of a change in legislation. It’s a realisation, often over many months and years, that a relationship which once worked for them both isn’t doing so anymore. The fact that we now have no fault divorce is a huge improvement, because it allows couples to start the process in a dignified way, without apportioning blame, and to apply together if they want to do so, which is a gamechanger in terms of mindset.
But the figures show that court proceedings take far too long. Delay is not an issue if you’re using that time to get all the information you need to reach agreement, for instance getting pension reports or business valuations. But it is going to cause real stress if that time is spent in conflict with each other, and all the research shows the impact this has on children. And the reality is that, even if you’re just gathering information, uncertainty about your financial future is hugely stressful- the sooner you can get to an answer and have some certainty, the better.
Which is why joint legal advice can be a game changer for couples: it’s much faster than the court timetable, fixed fee (or at least it is with us) and focusses on the answer, not what’s driving you apart.
If you have more questions about this topic or any other legal issues arising on divorce or separation, please do get in touch as we are always happy to help. You can call us on 0203 488 4475 or email contact@thedivorcesurgery.co.
We have a range of online courses available if you want to find out more about the legal aspects of divorce- we are currently offering free access to our ‘Don’t Know Where to Start with Divorce’ course: Online Courses For Divorce Self Help | The Divorce Surgery.
Author Name: Editor
Published content by The Divorce Surgery Editorial Team.
Related Posts
