Divorce at 50-year low despite liberalising reforms

Marriage
 (Photo: Getty/iStock)

The Marriage Foundation has welcomed figures from the Office for National Statistics (ONS), saying they show that marriages are the strongest they have been for 50 years.

The ONS figures for 2023 are significant because they show the first full year in which “no-fault divorce” became law. The Marriage Foundation was in favour of the change on the grounds that it would remove blame from the divorce system and make it a kinder process.

While the ONS figures did in fact show a rise in divorces following the change, the Marriage Foundation described the rise as “small” and noted that other factors explained the increase, one being the quicker rate at which divorces are processed and the other being courts clearing up a backlog of cases stemming from the Covid lockdowns.

The introduction of no-fault divorce means that divorces can now proceed more quickly. Prior to this, couples wishing to divorce had to wait two years to have consensual divorce or put the blame on one spouse for a quicker arrangement.

While it might seem odd for the Marriage Foundation to be in favour of no-fault divorce, the group pointed to research that suggests that legal barriers do not act as a deterrent to those wishing to end their marriage.

The foundation’s analysis of the ONS figures suggest that divorce rates are currently at their lowest level since 1970 and that fears of a surge in divorces after the change have not materialised.

Harry Benson, Research Director at the Marriage Foundation said, "The change in the [divorce] rate is less than many of the fluctuations we have seen in recent years.

"In short, there are no signs whatsoever of a rise in divorce rates. In fact these figures as our analysis shows confirm divorces are still at levels we last saw back in the 1970s.

"So this is good news on two fronts. Marriages are the strongest in 50 years and the legal system is now kind and sensible to those for whom it doesn't work out."

He added, “These figures are also a repudiation of those who prophesied a massive increase in the divorce rate, by removing blame from the divorce system - those fears were unfounded as many campaigners, like Marriage Foundation and family lawyers Resolution said at the time." 

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