Information from the Office for National Statistics (ONS) shows that present divorce rates for heterosexual couples are at their lowest number in almost 50 years. It should be noted however that this does not necessarily indicate an increased success rate in marriages, but, more likely, reflect an overall lower rate of marriage in recent years, This could also be linked to an increase in court processing times.
What are the recently released divorce rates for 2018?
In 2018 there were 90,871 divorces of heterosexual partners, a decrease of 10.6% compared with 2017 and the lowest number since 1971. This equates to a reduction from 8.4 per 1,000 in 2017 to 7.5 per 1,000 in 2018.
What is the real reason for the recent decline in divorces?
Whilst these statistics could be read as showing that more married couples remain together, realistically the decline in divorce rates is more attributable to a lower rate of marriages, as more and more heterosexual couples opt to cohabit instead of marrying.
Further, any apparent statistical trend must be considered in the context of the current slow processing times by the courts, which do not reflect the actual rise in divorce petitions being filed.
What about the recent rise in same-sex divorces?
Equally, the recent rise in divorce rates amongst same-sex couples could reflect a growing trend for same sex marriage. 2018 saw an increase in same-sex divorces, rising from 338 to 428.
In particular, one should note that same-sex divorces were first recorded in 2015, following the change in law in 2014, with an annual increase each year since. Accordingly, as with the decline in divorce for heterosexual married couples, these figures are likely to reflect the growth in same-sex marriages.
What is the main reason cited for all divorces?
Under the Matrimonial Causes Act 1973, couples have one main ground for divorce, namely, that the marriage has irretrievably broken down. The Petitioner then has to rely on one of 5 facts, adultery, unreasonable behaviour, desertion, 2 year separation with the consent of the other party or 5 year separation where consent is not given.
Unreasonable Behaviour was cited in 2018 as the most common reason in all divorces.
What about the introduction of no-fault divorce?
The concept of “no-fault divorce” is based on the idea that couples should be able to formally end their marriage without allegations being made by one party.
Whilst a Bill is presently progressing through Parliament to introduce a “no-fault” system, this has not yet been introduced and, at the time of writing, no implementation date is available.
Although the introduction of a “no-fault” system could well see a significant spike in divorce rates, it is anticipated it will also lead to more amicable divorces, as allegations will not be required to be made. Hopefully a streamlined process shall also relieve the current pressures on the court system and reduce the time a divorce will take.
Legal disclaimer
The matters contained herein are intended to be for general information purposes only. This blog does not constitute legal advice, nor is it a complete or authoritative statement of the law, and should not be treated as such.
Whilst every effort is made to ensure that the information is correct, no warranty, express or implied, is given as to its accuracy and no liability is accepted for any error or omission. Before acting on any of the information contained herein, expert legal advice should be sought.