Newly published statistics for April 2021 to April 2022, show more than 12,000 new divorce applications were filed as \u2018no-fault\u2019 divorce came into effect.<\/p>\n
The Divorce, Dissolution and Separation Act 2020 means divorcing couples are no longer required to assign blame for the breakdown of their marriage.<\/p>\n
There were 12,978 new divorce applications in April 2022. 10,207 of which were sole applications and 2,771 were joint applications.* By comparison, there were 6,764 digital divorce applications in April 2021.<\/p>\n
Law Society vice president Lubna Shuja said: \u201cThese figures reflect the \u2018bulge\u2019 we expected as the new law came into effect.<\/p>\n
\u201cBy not having to prove a fault-based fact against their ex-partner, separating couples and their children will not have to suffer unnecessary conflict and anxiety.<\/p>\n
\u201cWe will continue to monitor the new law and any future statistical reports and will feed this back to our members.\u201d<\/p>\n
The civil law courts are also facing delays and backlogs.<\/p>\n
Most recent figures show there are 22,776 outstanding public family law cases, with care and supervision cases taking 50.4 weeks to come to conclusion.<\/p>\n
114,994 civil claims were received in April 2022, with small claims cases taking 50.4 weeks to reach the first full hearing.<\/p>\n
Lubna Shuja added: \u201cWe have persistently voiced our concern about the significant backlogs in the family courts \u2013 which pre-date the pandemic. Delays can cause significant harm as well as uncertainty for the parties involved.<\/p>\n
\u201cThe UK government must ensure, so far as possible, that there are sufficient fee-paid and full-time judges to deal with existing and new caseloads. All courts in England and Wales are now operating at full physical capacity \u2013 yet the backlogs are still very high.<\/p>\n
\u201cWe have repeatedly said early legal advice for family law cases should be restored.**<\/p>\n
\u201cBy restoring early legal advice for family law cases, fewer cases will go to court. Instead, solicitors could assist negotiated settlements, referral to mediation and better manage client expectations.<\/p>\n
\u201cThe family courts are under immense pressure, and people with private law cases are experiencing unprecedented and unacceptable delays.<\/p>\n
\u201cA thorough investigation should be conducted on the effective operation of the courts, the increase in backlogs and the impact this is having on families having to represent themselves.\u201d<\/p>\n
Notes to editors<\/h2>\n
* Separating couples can now file a joint application for divorce (previously only one person could file for divorce)<\/p>\n
** Early legal advice for family cases was cut by the Legal Aid, Sentencing and Punishment of Offenders Act (LASPO) in 2013<\/p>\n
The five grounds for divorce were: adultery, unreasonable behaviour, desertion, two years\u2019 separation with consent and five years\u2019 separation, with no consent necessary. Find out more about getting a divorce.<\/a><\/p>\n Read about the Divorce, Dissolution and Separation Act<\/a><\/p>\n Find out more about HMCTS Management Information \u2013 April 2021 to April 2022<\/a><\/p>\n The Law Society is the independent professional body that works globally to support and represent solicitors, promoting the highest professional standards, the public interest and the rule of law.<\/p>\n Press office contact: Naomi Jeffreys<\/a> | 020 8049 3928<\/strong><\/p>\n<\/div>\nAbout the Law Society<\/h3>\n
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