According to the ONS, there were just over 80,000 divorces granted in 2022. This was a significant drop compared to the 113,505 recorded the previous year. It was also the lowest number of divorces recorded annually since 1971.
So why are divorce rates at a record low?
At first glance, the figures may suggest that more married couples are choosing to stay together – leading to a historic low divorce rate. But this rather rosy picture may not be accurate, according to experienced family law solicitors.
In fact, the reason for 2022’s low rate could simply be down to a delay in numbers being recorded. That year was a big one for the UK’s divorce laws, as ‘no fault divorce’ reforms came into effect. Among many other changes, a new requirement for a minimum 20-week ‘cooling off’ period was brought in. The aim was to allow couples a period of reflection, before making life-changing decisions.
But a consequence of this new ‘cooling off’ period is a delay in divorces appearing in the 2022 statistics. Couples who applied for divorce in later 2022 may not have their divorces recorded until 2023, appearing in the statistics for that year instead. This could have led to the dramatic fall in divorce rates for 2022, and could push the figures for 2023 higher instead.
Family lawyer Hannah Minty explained how this may have happened in more detail when speaking to The Law Society Gazette:
“If a divorce was applied for under the new system when it was introduced on 6 April 2022, it would not have been possible to apply for the first stage of divorce - the conditional order (previously the decree nisi) - until 24 August 2022. The earliest that any application for the final order (previously decree absolute) could have been submitted would have been 5 October 2022, although many couples delay making this application until they have reached a financial settlement.”
“Consequently, very few divorces applied for under the new system would appear in the 2022 statistics and the headline figures showing a decrease in divorce rates may not properly reflect the number of divorces which may have been applied for during this period.”
There may also be other factors at play. The financial pressures caused by the cost of living crisis may be preventing couples from divorcing – due to the cost of maintaining two separate properties, and the cost of divorce itself.
Plus, there’s the fact that marriage rates are dropping. While the COVID pandemic may have been at least partly to blame, marriage rates for 2020 were reported by the ONS to be the lowest since 1838.
If you need help, support or legal advice on anything to do with divorce, get in touch with trusted Wirral divorce solicitor Tracey Miller Family Law. You can reach the team by calling 0151 515 3036.