Divorce Rate at 50 year low
Mark Mosley, Head of Family and Divorce Services at Lancashire’s Vincents Solicitors.
Divorces are down 30 per cent in the UK according to latest government figures.
The number of divorces dived from 113,505 in 2021 to 80,057 in 2022.
This is, apparently, the lowest figure for 50 years.
On this face of it this seems like great news, an indication the country’s couples are happier than they have been for decades.
But is it really that simple? Or is there more to this staggering drop?
Of course it’s not that simple. Here’s the four top reasons behind the fall.
- A change in the Law
A shake up of the divorce laws in April 2022 introduced the no-fault concept and set a new 26-week timetable for separating couples.
Designed to speed up the process, the new rules also allow for the timetable to be extended for a variety of reasons and, as often happens when rules change, many of the cases started in 2022 hadn’t completed by the end of the year.
We also saw many people who enquired in early 2022 choose to delay their case until the new rules came into effect.
Both groups will have completed their divorces in 2023, which means we expect a surge in the figures when those stats are released next February.
- Cost of Living crisis
Although often not as expensive as people imagine, spending money on a divorce in the midst of a cost-of-living-crisis is not top of most people’s To Do List.
For those couples on modest incomes, and who don’t qualify for Legal Aid, even the £593 court fee to commence proceedings could be prohibitive.
The stresses and strains of the current economic climate would usually be expected to result in a rise in divorces, so what else is holding people back?
- Strength of the housing market
Divorce usually means splitting one household into two, and there becomes a need for a second property.
But house prices have remained strong and few people can buy on just one income, leaving some couples continuing to co-habit long after they have decided to separate.
Similarly, rental rates have also skyrocketed and it can be slim pickings for parents who need to find a decent size home in the same neighbourhood to provide space for visiting children.
The reality is that some couples are staying together longer than they might have done, simply because the cost of separating is too much.
- Fall in marriage rate
One of the reasons for the fall in the number of divorces recorded is there are fewer people getting married in the first place.
In fact, the ONS shows this to be the lowest on record but the latest data covers the Covid period and is widely understood to be have been skewed by the pandemic.
This doesn’t mean there are fewer couples however, it’s just many folks are preferring to live together without the formality of a wedding.
Be assured, just as many of these co-habiting couples are splitting up, but they’re not recorded in the same way.
Unfortunately for co-habiting couples who separate, they are not covered by the same legal protections as married couples.
We always advise people who buy a property together or have children together, but choose not to get married, that a Co-habitation Agreement is a crucial protection for both of them.
Remember, the common-law-marriage concept simply doesn’t exist in law.
The real picture
These results came as a surprise to many, except for us divorce lawyers.
We saw no drop in divorce enquiries in 2022. We did see a delay in cases starting until after April as many couples wanted to make the most of the no-fault divorce option, and fully expect this to be reflected in the 2023 stats when there will be a ‘spike’ in the figures.
What we have noted is the increase in enquiries from co-habiting couples or co-parents wanting to protect their position, or seeking advice following a separation.
There are still as many couples splitting up, it’s just that fewer have the official paperwork these days!
We’ve also seen a large rise in people needing assistance after trying to do an ‘online quicky divorce’ and discovering they need an experienced solicitor to help sort out their financial arrangements or – more importantly – resolve issues around the care of the children.
This is frustrating for us because it’s blindingly obvious that a website can’t take the place of an experienced family lawyer, and a real person surely is the better adviser when it comes to one of the most important changes you will ever make in your life.
There’s just so much we can help people with if they’ll let us. Bring us in and bring clarity to your problem.
There’s not just me, Vincents has a whole team of dedicated family solicitors and highly experienced divorce lawyers to guide you through the legal, financial and family issues of any relationship.
Call me today on 01772 555 176 or email me on markmosely@vslaw.co.uk