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Equally, there were those who were concerned that the new system diminished marriage as an ideal, by making divorce too easy and discouraging those facing difficulties from attempting to try and resolve their issues. The above figures could easily be interpreted to support both positions, so what have we learnt six months on?
To understand the significance of the above spike in applications, it is important to understand where we are with divorces as a whole. As a general starting point, the number of divorces in England and Wales has dropped in recent decades. In , the number of divorces totalled ,, compared to , in , a difference of 38, By comparison, in , the total number of divorces was , indeed, the number of divorces rose for a period until they began to reduce consistently from There are many reasons as to why this trend exists, but one of the most significant causes is something everyone is now likely aware of: fewer people are getting married.
According to the Office of National Statistics ONS , in , the rate of marriages per unmarried men and women dropped to the lowest levels since records began in Divorce rates per , which arguably as a statistic provides greater insight into marriage stability, has also shown a downward trend, albeit seemingly a less dramatic one down from an average of Does the recent spike in applications show a reversal of this trend and provide indications that divorce has been made too easy?
It is important to note, that whilst the spike has an increase in divorce applications made, this only represents a decade high from Additionally, whilst it is a significant increase on the same quarter the year prior a total of 5, more applications , it is only a 1, increase in applications on the same quarter in In , the total number of completed divorces was ,, a moderate increase of from the previous year. Given the applications in question were submitted in the first quarter of , it is reasonable to assume the majority will have been finalised within the following three years and would therefore show up as a finalised divorce in the statistics for those years.
However, divorce rates continued to fall consistently during these years. It does, therefore, seem clear that whilst clearly the legislation has had a small impact in increasing applications on a one off basis, the sheer weight of evidence showing that the number of divorces will continue to decrease is hard to challenge.
Another point worth noting is the question of timing, which is a point many practitioners referred to when discussing the future impact on divorce applications post-6 April The argument was that there are many individuals contemplating getting a divorce, but they had been put off due to the nature of their circumstances or and the nature of the legal system, which obliged one party to assign blame.
The theory was that once these barriers are removed, these individuals who have already made their mind to get a divorce but had held off would proceed to make an application. It is difficult to assess this beyond listening to the experience of practitioners within the profession and their anecdotal evidence. However, you could make an argument that this is borne out to a certain extent statistically in the past, where brief spikes in the number of divorces occur around periods of economic strife.
This could possibly indicate that those individuals referred to above, when faced with even more adversity, felt empowered to move forward. You could therefore argue that the current cost of living crisis, which began in earnest around April , with the energy price increases, may have played a role. Under the new legislation, once a divorce application is made, couples must wait 20 weeks from the date the divorce application is issued by the court, before obtaining the conditional order.
This was by design, to essentially create a cooling off period where the couple can reconsider whether they wish to proceed. This, coupled with the timescales provided for acknowledging the application, possibly two weeks and applying for the final order six weeks and one day , means that divorces will now take around 6 months to complete at their quickest. This is admittedly less stark than it otherwise could have been, given that the majority of divorces under the previous system from application to dissolution would likely take a similar amount of time simply due to backlogs with the court, however it is an element of the law that does appear, on its face, to presume that someone applying for a divorce may have done so rashly or without proper thought.
It is not a commonly held view within the legal profession that those who actually seek our advice for a divorce do so without significant thought and self-reflection.
As the downward trend of divorce rates per show, divorce does not appear to be a decision that the vast majority take lightly, and the cooling off period, essentially forcing parties to remain married for an extended period of months, could possibly serve to trap parties in the same way the legislation was specifically designed to avoid; by making the act of getting divorced more fraught and unpleasant.
This may also, in turn, be undermining other parts of the legislation, such as joint applications, which I address below. It had been hoped that by introducing joint divorce applications, parties would be encouraged to move matters forward together, setting a constructive tone for subsequent discussions around finances and children matters.
However, so far, joint applications have formed a very small number of the total divorce applications made since April It is difficult to assess the reason for this. Arguments have been made that it seems to be much quicker and more cost effective to submit a sole application particularly with the new timescales outlined above , a position that is likely to be shared by many lawyers. Given the boom in applications we saw between April and June , it is entirely possible that those who were waiting to make their application were seeking to do so on the basis they did not need to specify a reason and wanted the divorce to move forward as quickly and in as straightforward a manner as possible.
It is also perhaps a factor that the legal profession, which has for decades approached applications as an individual pursuit, have been slow to explain the value in joint applications, preferring for their client to remain in relative control of the process. Something went wrong. We will take a look as soon as we can. Tags turn the house , gambling casino , illeagl , tiny republic , dogbertland , seed from repressive , morning , voting , green card View Transcript Transcript Dogbert spreads construction plans on the table and says to Dilbert, “I’m planning to turn the house into a gambling casino.
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