The first working Monday of the year has often been dubbed by the media as “Divorce Day” and January as ‘Divorce Month’ – the time of year when couples are most likely to split up.
Insider looks at the current divorce laws, and what couples should consider before entering the process.
What is the law surrounding divorce?
Couples can divorce in England and Wales if they have been married for over a year; the relationship has permanently broken down; and the marriage is legally recognised in the UK.
What is legal separation?
Couples have the option to legally separate, which means they can live apart without ending the marriage.
Individuals may also be able to annul the marriage, and both a separation and an annulment can be applied for during the first year of marriage.
What is a no-fault divorce?
The Government changed divorce laws in 2022 to remove the requirement to apportion blame for the breakdown of their marriage.
Previously, one spouse was forced to make accusations about the other’s conduct, such as ‘unreasonable behaviour’ or adultery, or face years of separation before a divorce could be granted. This was regardless of whether a couple had made a mutual decision to separate.
The changes mean that a spouse, or a couple jointly, can now apply for divorce by stating their marriage has broken down irretrievably. It removes unnecessary finger-pointing and acrimony at a time where emotions are already running high, and spares children from witnessing their parents mudslinging.
The government said that the new law was introduced so couples could focus on ‘practical decisions’ such as looking at their finances.
However, the no-fault divorce laws may also lead to rushed financial settlements and an unfair sharing of overall wealth, says financial planner Rowan Harding at firm Path Financial.
Get financial advice
Rowan Harding said: “For one spouse who doesn’t earn as much as their other half, it’s particularly imperative they seek financial advice so they can secure their financial future.
“People can easily end up with fewer assets than they are entitled to because they have not gone through a financial advice process.
“And it could get rather messy in terms of who is owed what if you don’t seek advice. You shouldn’t assume that you’re not entitled to your spouse’s assets. Very few people are aware of exactly what they’re entitled to.
“The divorce process often leads to assets being distributed according to the financial needs of those involved, so this differs for each case. You may be entitled to more than you first thought, so don’t rule this possibility out.”
Rowan adds: “Since new laws surrounding divorce came into play in April 2022, a period of 20 weeks between starting proceedings and going through with your divorce application – meaning a divorce will take at least six months or more to complete. Use this time to really review your finances for the upcoming year and understand what you want – and need – from your divorce.”
Divorce statistics
Data from the Office for National Statistics shows there were 27,908 applications made to divorce in the period of January to March 2024. This is a rise from October to December 2023, where there was 23,517 applications.
But according to research by Legal and General, only 7 percent of couples have considered seeing a financial adviser as part of their divorce process. Additionally, on average, women see incomes fall by 33 per cent following divorce, compared to just 18 per cent for men.
Harding says: “It’s very important for couples to get finance advice as well as legal advice when thinking of separating so you know your rights before you part ways.
“Make sure you choose a regulated and authorised financial planner, so you know the advice you’re getting is up to date.
“Divorce and separation can be a stressful experience to go through so making sure you’re on top of everything is crucial for a smooth, pain-free process.”
For more Insider insights, click to subscribe to Insider’s daily newsletters, magazines or to become a member.
