In April 2022 a new divorce process was implemented under the Divorce, Dissolution and Separation Act, removing the need for couples to assign blame to one party for the breakdown of their marriage.
Couples can now jointly apply for divorce, stating that the marriage has irretrievably broken down, on a no-fault basis. Recent Government figures however show that the take-up of joint divorce applications remain low compared to those issued as a sole application.
The Ministry of Justice advocated for the new system, stating that the changes removed ‘unnecessary finger pointing and acrimony at a time when emotions are already running high, and spares the children of the marriage enduring their parent's mudslinging.’
The Government figures show that the number of sole applications for divorce appear to be significantly higher than joint applications.
In April, the number of sole applications amounted to 10,268 whereas there were 2, 810 joint applications. In May, there were 10,312 sole applications in comparison to 2,748 joint applications. The total number of applications dropped in July, with 9,239 sole applications and 2,356 joint applications.
The ability to make a joint application for a divorce is a key change under the reforms, however as the sole application is simpler to complete the figures aren’t surprising.
Joint applications require spouses to liaise with one another, or communicate via their solicitors if instructed. Resulting in higher costs and, often, a longer process.
It will be interesting to note over the coming months whether the take-up of joint divorce applications will increase and the divorce process, slowly but surely, becomes a more collaborative procedure between the parties.
If you or your spouse require assistance and advice with the divorce process our experienced family team are here to assist. Call our family helpline on 08000 147720 or send us an email to book a free information session at any of our offices. We also offer early morning and late evening appointments across our offices.