No Fault Divorce: Is the new Divorce Law already out of date?
Recently published statistics show a decline in the number of divorces being dealt with in the Family Courts. This is despite an increase that was expected when ‘no fault’ divorce came into effect in April 2022.
Between October and December 2023 there were 23,517 divorce applications under the ‘no fault’ law (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 divorce orders granted throughout 2023, down 9% and up 29% respectively compared to 2022.
Divorce is also taking longer, the average time now being 37 weeks. Many cases, especially where there are financial aspects to consider and resolve can take much longer. Cases taking up to 3 to 4 years are not uncommon.
Consideration is being given to simplifying how the Family Courts look at family finances on divorce to make entitlement clearer, and the process simpler and quicker. Critics say that that may remove the flexibility that currently exists that enables the Court to look at the circumstances and needs of modern families.
The statistics don’t necessarily show the whole picture. Whilst, of course, people continue to get married, less of us do. As fewer couples marry, proportionately fewer will separate and divorce.
Data which shows cohabitation has seen a significant rise in popularity, with 1 in 4 unwed couples now sharing a household, an increase from 20.6% in 2011 to 24.3% in 2021 across all age groups.
This has renewed calls for the reform of laws that deal with cohabitation to be pushed forward, in fit with the modern relationship landscape, reflects the need for a legal shift that affords cohabiting couples legal protection. Many believe wrongly that as common law spouses that they have legal protection on separation or on the death of the other, when that it is not the case.
As many couples choose to live together without getting married first or at all co-habiting couples should consider the dangers of not having agreements or declarations in place prior to moving in to a shared property. The risks aren’t exclusive to younger age groups there are potential issues with living together across all age groups and, commonly, with second relationships where there are children from blended families.
Labour MP Thornberry claims she wants to make ‘significant changes’ to laws around cohabitation this year. The reforms have gained momentum over recent years, prompting the UK parliament’s Women and Equalities Committee to advocate for changes that align with the evolving nature of modern relationships.
However, with a looming General Election and possible change of Government, it seems unlikely that any reforms for married or unmarried couples are some years away.
How Can Timms Help?
If you would like some further information about divorce or separation, please do not hesitate to contact me at a.rose@timms-law.com or by freephone on 0800 011 6666.
April 2024