Last year, it has been reported that couples in the UK took four weeks longer to divorce, with solicitors suggesting ‘periods of financial instability’ could be to blame.
Figures from research by TWM Solicitors show the average waiting time for divorce, despite the implementation of the ‘no-fault’ divorce, has increased by four weeks in the last year. With a 38 week average reported in 2022 and a 42 week average in 2023.
The private wealth law firm say that the ongoing cost of living crisis and ‘house price jitters’ has ’caused couples to delay their proceedings’. Caroline Keeley, Partner and Head of Family Law at TWM said:
“Periods of financial difficulty historically often result in people becoming uncertain about filing for divorce. 2023 was a financially volatile year. Interest rates skyrocketed, the property market was very shaky and many people were struggling with the cost of living.”
“Such unpredictability in the economy can spook separating couples, who may feel less confident to establish their financial independence during that period.”
“A weak property market can also make the selling of jointly-owned property and other assets more difficult, causing many couples to delay decision making within their divorce process. Divorces still happen but the parties will normally proceed with much more caution.”
TWM also explain that when the economy is weak couples are more likely to delay the division of marital assets until such time as each of them can meet their financial needs and that may also have added to the length of time taken to finalise divorces.
Couples in the UK are required to wait 20 weeks as a reflection period before advancing their divorce and applying for the interim Conditional Order stage. The new average waiting time suggests couples are now taking twice as long as the mandatory period to proceed with their divorce.
Following the introduction of the Divorce Dissolution and Separation Act in April 2022, which allows couples to file for ‘no-fault’ divorce, and to do so jointly or individually, 76% of applications were made by a sole party in 2023. However, the average waiting time in 2023 from a sole application to conditional order was six weeks longer than a joint application (36 weeks and 30 weeks respectively).
TWM Solicitors say divorce applications by sole parties can be more contentious than joint applications, with delays sometimes caused by financial disputes or other extended negotiations between parties.
Keeley commented:
“Delays are likely to occur in the divorce process if a couple is still in financial proceedings.If a couple moves to a final divorce order before their finances are settled, both parties can be left vulnerable in respect of inheritance and pension benefits. Spouses navigating divorce proceedings should at least obtain initial advice from a solicitor to gain a clear understanding of their entitlement and the legal procedure to follow, and receive support and representation in the event of any financial disputes.”
