HMCTS figures show limited take-up of no fault divorce

Few couples are using joint divorce applications as part of a government scheme to avoid “unnecessary finger-pointing”

Government figures show that few couples are using a new provision entitling those seeking a divorce to avoid blaming one another for the breakdown of the marriage.

Measures were brought in under the Divorce, Dissolution and Separation Act which meant those seeking a divorce could avoid assigning blame to one another for the separation.

Under the provision both partners would have to apply for divorce which would then indicate the marriage has broken down irretrievably.

The Ministry of Justice said the act “removes unnecessary finger-pointing and acrimony at a time where emotions are already running high” and “spares children from witnessing their parents mudslinging”. The Ministry also added:

“Importantly, it stops one partner from vindictively contesting a divorce and locking their spouse into an unhappy marriage.”

However, statistics since April have shown that single applications still dominate the number of divorce applications with there being 9,239 sole applications compared to 2,356 joint applications in July 2022 – a trend virtually replicated in every month April.

Sarah French, a family law solicitor from Godwins Solicitors, explained why the figures are potentially low as she told the Law Society Gazette:

“Given there seems to be more work involved with a joint application, as you need to liaise with your spouse, or between both sets of solicitors if solicitors are dealing with the divorce, this could be one of the reasons why the take-up of joint applications so far is low.

It seems much simpler, quicker and more cost-effective to submit a sole application. Certainly, in my work as a family law solicitor and mediator I have come across far more sole applications. With the introduction of the new 20-week period which has to elapse after the application is issued and being able to apply for the conditional order, there is also a desire to mitigate against any further delay which can occur with a joint application.

It is not yet embedded in the fabric of our society that divorcing jointly is a reality. It may just take time for societal norms to adjust to this big change. Time will tell.”

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