It is now more than two years since the new system of no-fault divorce was introduced. The primary idea behind the new system was to reduce unnecessary conflict between divorcing couples, by removing the need for one spouse to make allegations about the conduct of the other, in order to get a divorce.
But that was not the only feature of the new system aimed at reducing conflict. The system also introduced for the first time the possibility of a couple jointly applying for the divorce.
And the latest quarterly statistics for the Family Court, for the period January to March this year, suggest that more couples are deciding to take the route of applying for the divorce together.
The statistics show that out of the 27,908 divorce applications made between January and March 2024, 7,139 were made jointly. That equates to 26 per cent of all applications.
These figures continue an upward trend for the percentage of divorce applications made jointly. In quarter two of 2022 the figure was 21 per cent, it increased to 22 per cent in the next two quarters, then up to 24 per cent in the following four quarters, and now up to 26 per cent for the latest quarter.
Quite why there has been this increase in joint divorce applications can only be speculated. It may simply be that more divorcing couples are becoming aware of the possibility of making a joint application, and are liking the idea.
Whatever the reason, the increase in the number of joint applications is a welcome development, as joint applications must surely reduce the possibility of conflict between the parties, and may even signal more ‘amicable’ divorces.
Of course, we do not know whether these figures indicate a sustained upward trend in the number of joint divorce applications, or whether they are just an insignificant temporary aberration. Only time will tell whether joint divorce is the way of the future, but if the increase is sustained it may not be long before a full third of all divorce applications are made jointly.
Whatever, the possibility of reducing conflict and all the problems that it can cause, including increased litigation and associated costs, certainly makes it advisable for anyone contemplating divorce to at least consider the possibility of making the divorce application jointly with their spouse.
You can read the latest quarterly Family Court statistics here.
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