According to the Office for National Statistics (ONS) divorce rates for heterosexual couples are at their lowest number in almost 50 years. That said, these dramatically low rates are not necessarily linked to an increased success rate in marriages, but rather are more likely to reflect an overall lower rate of marriage in recent years, not to mention a problem with court processing times.

What are the recently released divorce rates for 2018?

In 2018 there were 90,871 divorces of heterosexual partners, a drop of 10.6% compared with the previous year and the lowest number since 1971. Put slightly differently, the divorce rate fell from 8.4 per 1,000 married men and women in 2017 to 7.5 per 1,000 the following year.

What is the real reason for the recent decline in divorces?

Whilst, at first blush, these statistics appear to show an overall trend in more married couples remaining together, the main reason for the drastic decline in divorce rates is most likely attributable to the lower rate of marriages, as more and more heterosexual couples opt to cohabit without committing to wed.

Further, any apparent statistical trend must be considered in the context of the incredibly slow processing times by the courts, which do not reflect the actual rise in divorce petitions being filed.

What about the recent rise in same-sex divorces?

Equally, the recent rise in divorce rates amongst same-sex couples could reflect a growing trend for gay and lesbian couples to now get married. In fact, 2018 saw an increase in same-sex divorces by more than a quarter, rising from 338 to 428.

In particular, it is especially important to note that same-sex divorces were only first recorded in 2015, following the change in marriage laws in 2014, with an annual increase each year since. Accordingly, as with the decline in divorce for heterosexual married couples, these figures are more likely to reflect the growth in the size of the same-sex married population in England and Wales.

What is the main reason cited for all divorces?

Under the Matrimonial Causes Act 1973 couples are currently provided with one main ground for divorce, namely, that the marriage has irretrievably broken down. That said, there are various different reasons that can be cited in support of this, including adultery, desertion or unreasonable behaviour.

Further, if both parties agree, they can officially part ways after two years of separation, although in the absence of consent or evidence of fault, applicants must wait until they have been living apart for five years.

Perhaps not unsurprisingly, unreasonable behaviour, which can include infidelity, was cited in 2018 as the most common reason in all divorces.  

What about the introduction of no-fault divorce?

The concept of no-fault divorce is based on the idea that if couples wish to avoid any acrimony by seeking to lay blame, they can formally end their marriage without holding each other accountable. That said, although there have been several calls to introduce no-fault divorce, any proposed changes to the system are yet to come into force in England and Wales.

Although the introduction of a no-fault system could well see a significant spike in divorce rates, it is also likely to lead to less acrimonious and faster divorces, thereby alleviating some of the pressure placed on the courts under the current system – and no doubt evidenced by the recent backlog of divorces that continue to build up.

Legal disclaimer

The matters contained herein are intended to be for general information purposes only. This blog does not constitute legal advice, nor is it a complete or authoritative statement of the law, and should not be treated as such.

Whilst every effort is made to ensure that the information is correct, no warranty, express or implied, is given as to its accuracy and no liability is accepted for any error or omission. Before acting on any of the information contained herein, expert legal advice should be sought.