Surge in divorce applications after change to law

 (Photo: Getty/iStock)

England and Wales saw a 50 per cent surge in applications for divorce after new rules making the process easier came into effect earlier this month.

The introduction of no-fault divorce saw a rush on couples seeking to end their marriages, with 3,000 separate applications. 

A rise in applications had been expected before the new law came into force on 6 April. 

Hannah Gumbrill-Ward, of the family team at law firm Winckworth Sherwood, told the Daily Mail: "It does seem that some people were holding out for the introduction of no fault divorce."

The government said the changes would "reduce conflict" between separating couples and "ease stress" on them and their children. 

The changes mean that one spouse does not have to find fault with the other as grounds for the divorce. Instead of apportioning blame, couples can now state that their marriage has broken down irretrievably.

The Act removes the possibility for one spouse to contest the divorce and introduces a new minimum timeframe of 20 weeks between the start of proceedings and applying for a conditional order of divorce.

Together, the changes represent the most radical overhaul of UK divorce laws in over 50 years. 

Spurgeons Children's Charity said that the new law would reduce the trauma experienced by children. 

Ian Soars, Spurgeons CEO, said, "Imagine a world where people going through a separation knew how to divorce better, were equipped to put their children first and successfully managed a cooperative parenting relationship.

"That's an ideal that we want to help parents and children move closer to, because ultimately all the research shows this is what's best for the children involved."

Helen Adam, chair of the Family Solutions Group (FSG) that works closely with Spurgeons family counselling services, says, "We can no longer ignore the mental health risks for children and parents by framing all family separations as legal disputes.

"If the only provision on offer is one which pits parents against each other during a time of already heightened emotions, then we are simply adding fuel to the fire of separation. We need a 'family solutions system' that avoids court unless it's needed.

"Parents and children should be offered more information earlier in the process so they can choose the right route."

Others have condemned the new law, with The Christian Institute calling it "euthanasia for marriage" and warning back in 2019 that it was "a sad fact" that more couples would break up as a result. 

The Coalition 4 Marriage called it a "cheaters' charter" that would allow "cheating or bored spouses to walk away from a solemn, lifelong commitment whenever they choose and with the full support, and even encouragement, of the state".

Speaking at the Church of England General Synod in 2019, the Bishop of Durham, Paul Butler, said that removing fault "did nothing to support the resilience of marriages and removed the important element of consent".

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