Take-up of a landmark provision designed to remove ‘unnecessary finger-pointing’ from the divorce process remains comparatively low, according to government figures.
A system introducing provisions under the Divorce, Dissolution and Separation Act came into force in April, meaning divorcing couples no longer have to assign blame for the breakdown of their marriage.
For the first time, couples can jointly apply for divorce, stating that the marriage has irretrievably broken down. The Ministry of Justice said the changes removed 'unnecessary finger-pointing and acrimony at a time where emotions are already running high, and spares children from witnessing their parents mudslinging’.
However, government figures show sole applicants making up the overwhelming majority of divorce applications since April. In April, there were 2,810 joint applications and 10,268 sole applications. The proportions remain broadly similar up to July.
| Month | New Divorce Law - total applications (provisional) | New Divorce Law - joint applications (provisional) | New Divorce Law - sole applications (provisional) |
|---|---|---|---|
| Apr 2022 | 13,078 | 2,810 | 10,268 |
| May 2022 | 13,060 | 2,748 | 10,312 |
| Jun 2022 | 11,611 | 2,376 | 9,235 |
| Jul 2022 | 11,595 | 2,356 | 9,239 |
Sarah French, a family law solicitor at Hampshire firm Godwins Solicitors, said the figures were surprising given the ability to make a joint application was a key change under the reforms.
‘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,’ she said.
‘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.’
However, French said low take-up could simply be down to the ‘shared narrative’ of one spouse divorcing the other. ‘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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