Under the new divorce system implemented by the Divorce Dissolution and Separation Act 2020, spouses can now apply jointly for a divorce. This option is a result of the new ‘no-fault’ based system, which removes the requirement for spouses to rely on their ex-partner’s behaviour as a reason for divorce.
Despite this amendment, recent statistics released by HM Courts and Tribunals Service tells a story of reluctance among petitioners to utilise this new feature of divorce. Out of all divorce applications issued in July 2022, only 20% of these were made up of joint applications. The rest were made up of sole applications. This begs the question, why are the numbers so low?
Is it the case that, like all new things, it may take some time before it catches on and garners more interest? Given that the divorce system has been fault-based since its inception, it may be that petitioners view the option to apply jointly as alien and therefore best avoided. Familiarity may well be a factor that Parliament did not account for when making the transition to a no-fault based system of divorce. People are typically creatures of habit, and it is not too unusual to assume that they may adopt the same mindset towards divorce.
While it is no longer a requirement to apportion blame or to cite a reason for the breakdown of your marriage, the mere act of applying for divorce before your spouse does may, to some people, be the next best thing when it comes to apportioning blame. Some people may find that placing the burden of blame on their spouse as a result of their behaviour under the old system actually aided them in moving on from the separation and the new system leaves them without this option.
It could be something as simple as it not being the societal norm to apply for divorce jointly. Whatever the reason for the low percentage in joint applications since the new system came into force on 6 April 2022, it is important to note that 20% of divorce application have been jointly lodged. There are clearly petitioners out there who have benefited from the option that the new system has introduced. As we see more use of the new system, the numbers may well change… we will just have to wait and see.