No blame change encourages divorce applications in 2022

Lindsey Canning Lindsey Canning 19 October 2022

Figures from the Ministry of Justice show the highest divorce applications for a decade since new no blame changes were brought in.

The Divorce, Dissolution and Separation Act 2020, which now allows married couples in England and Wales to divorce without assigning blame, came into force in April.

This was the first time in 50 years that divorce laws had been updated and aimed to reduce conflict between couples legally ending a marriage or civil partnership.

Lindsey Canning, head of Family Law at Wake Smith Solicitors looks the figures from the MOJ.

  • There were 33,566 divorce applications in April to June, with the majority under the new no-fault divorce legislation and from sole applicants, according to data from the Ministry of Justice (MoJ).
  • The number of applications was the highest since the first quarter of 2012 - more than a decade ago - and is up 22% from the same period in 2021.
  • Of the applications between April and June, the vast majority (33,234) were made under the new law.

The law change also introduced a new minimum period of 20 weeks, for "meaningful" reflection, between starting proceedings and applying for a conditional order.

Before the no-fault divorce law was introduced, unless adultery, unreasonable behaviour, desertion could be proven or 2 years apart (with consent), applicants had to live separately from their spouse for five years in order to get divorced.

Lindsey added: “The changes reduce the potential for conflict amongst divorcing couples by removing the ability to make allegations about the conduct of a spouse and allow couples to end their marriage jointly should they so wish.

“Couples no longer need to rely on one of the five divorce facts: behaviour, adultery, five years separation, two years separation with consent, desertion.

“The surge in divorces only goes to exhibit the pent up need for reformation of the divorce laws in England and Wales.”

For further information on divorce proceedings and to book your free 30-minute consultation with the Family Law team call Lindsey Canning at Wake Smith Solicitors on 0114 224 2081.

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