Latest statistics show rise in opposite-sex divorce

The Office for National Statistics (‘ONS’) has today published statistics for the number of divorces in England and Wales in 2016.

The main points are :

• There were 106,959 divorces of opposite-sex couples in 2016, an increase of 5.8% compared with 2015.

• There were 112 divorces of same-sex couples in 2016; of these 78% were among female couples.

• In 2016, there were 8.9 divorces of opposite-sex couples per 1,000 married men and women aged 16 and over (divorce rates), an increase of 4.7% since 2015; however, divorce rates in 2016 are over 20% lower than the recent peak in divorce rate in 2003 and 2004.

• The divorce rate for opposite-sex couples was highest among men aged 45 to 49 and women in their thirties (ages 30 to 39).

Nicola Haines of the Vital Statistics Outputs Branch at the ONS commented: “Although the number of divorces of opposite-sex couples in England and Wales increased by 5.8% in 2016 compared with 2015, the number remains 30% lower than the most recent peak in 2003; divorce rates for men and women have seen similar changes. This is the second year that divorces among same-sex couples have been possible since the introduction of marriages of same-sex couples in March 2014. Our latest marriage figures show that of the 4,850 marriages formed between same-sex couples in 2014, 56% were female couples. In 2016, there were 112 divorces among same-sex couples, with female couples accounting for 78% of these.”

Commenting on the rise, Nigel Shepherd, Chair of the family justice campaign group Resolution, said:

“Although the numbers of divorces, and the divorce rate, are up on 2015, both are still far lower than their recent peak of 2003. As the ONS recognises, this is almost certainly due, in part, to the rise in the number of cohabiting couples – the fastest growing family type in the UK.

“Yet despite this, there is still little or no legal protection for cohabitants should they separate. What’s more, many are living together while still believing there is such a thing as common-law marriage in this country and that as a result they have rights – there isn’t and they don’t. Action needs to be taken to change this.

“It’s also important to recognise that behind these statistics, there are tens of thousands of couples who are currently discouraged by the current system from taking a non-confrontational approach to divorce. For many separating couples, the need to apportion blame on the divorce petition can introduce unnecessary conflict, which adds to the stress and heartache for the couple themselves and, crucially, any children they may have.

“For decades, ‘unreasonable behaviour’ has been the most common reason for divorce among opposite-sex couples, yet many are forced into playing this ‘blame game’ by our archaic divorce laws.

“That’s why we have repeatedly called on government to legislate for no-fault divorce, and will continue to do so.”

Family Law Cafe agrees. Whilst the figures may not be as high as they once were, they show that a very large number of people still go through divorce every year. They also show that the vast majority of opposite-sex divorces are on the basis of adultery or unreasonable behaviour. It is time that all of those couples should be able to divorce without having to attribute blame for the breakdown of their marriages.

The full ONS statistical bulletin can be found here.

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Image: Office for National Statistics, licensed under the Open Government Licence v3.0.