Divorce rates are reducing according to the latest official statistics, with slightly more than 80,000 being finalised in 2022, a drop of almost 30% from 113,505 in 2021. Significant delays in the Courts mean couples are waiting longer than ever to formally end their marriage.
Impact of New Legislation
Although the figures show a surprisingly low number of divorces, the introduction in April 2022 of new legislation set out minimum waiting periods at key intervals of the divorce procedure. This is likely to have had a significant impact on couples waiting for the final order.
The Divorce, Dissolution and Separation Act also implemented a major change with ‘no-fault divorce’, allowing couples to apply for divorce jointly, rather than having to blame the other party or go through a long period of separation.
In overhauling the process, the government also proposed that couples be required to enter mediation before applying for a divorce. The government has now decided against making this mandatory, due to it having the potential for domestic abuse victims to suffer more intimidation. Instead, mediation will be encouraged where it is safe, but a pilot will be run to identify how to fund early legal advice for parents to ease the burden.
This looks to be important, with research undertaken by Bristol University for the Nuffield Foundation suggesting that many couples are simply figuring out financial matters without any legal advice, and this is often leaving women in a worse financial position.
The report identifies that most divorcing couples are not utilising support when making key decisions on housing, pensions and maintenance. Unlike the headlines of the ultra-rich dividing the spoils, the researchers found that the average value of assets owned by divorcing couples was just £135,000.
Howell Jones has identified that the lack of advice does not lead to a fair financial outcome in many divorce cases. Better access to legal advice is an important way to get through this obstacle, so the government’s latest announcement is a welcome one.
For those who are going through the stress of separation, and are already getting accustomed to living apart, getting professional guidance may feel like an avoidable expense, however knowing the rights you have and having someone on your side supporting you is often a game-changer, both for a fair financial result and in terms of your well-being throughout.
Official statistics show that divorce proceedings can take up to a year to complete, and two years when the Court needs to make arrangements for children. The Courts’ data supports the Nuffield research, with official figures showing almost half of divorcing couples went through the Court process without legal representation during the period January to March 2023.
The latest reporting from the Official for National Statistics shows that the highest number of divorces for opposite-sex couples in 2022 was in couples who had been married for more than 30 years. Outside that group, the highest number was those who had been married for seven years, and the average for all same-sex couples was almost 13 years. For same-sex divorces in that period, the median duration of marriage was 7.5 years for males and 6.3 years for females.
Impact of the Court Delays
With such a high number of long marriages coming to an end, combined with the delays in the Court system, couples must review their wills to be sure they reflect their most up-to-date wishes. If they haven’t yet made a will, now is a good time to think of doing so.
An existing will leaving your estate to your spouse will be valid until the final order for divorce is confirmed. This would be the case even if you have separated or only received a conditional order. It is only after the final order that the part of your will referencing your spouse will become invalid. The same principle will apply if you do not have a will; until you have the final order, your soon-to-be former spouse is treated as if you were still married
Before the new legislation, the two stages now known as conditional and final orders were called decree nisi and decree absolute.
Family Law Solicitors: Howell Jones
Howell Jones are expert family law solicitors in Surrey. Our team helps with everything associated with the end of a relationship, whether that’s a marriage, civil partnership, or families who live together but are not married.
This includes divorce, dissolution, separation, finances and child arrangements. It also includes things you may wish to consider at the start of a relationship such as cohabitation agreements and pre and post-nuptial/registration agreements.
