Divorces due to adultery down 50% since 2008

When filing for divorce, the party filing the petition must establish that the relationship has broken down irretrievably using one of five potential grounds. Unless you are prepared to wait two years, or five years if your spouse does not agree to the divorce, then you must either use adultery or unreasonable behaviour.

It is encouraging to note that fewer couples are now citing adultery as grounds for divorce, as shown by the recent figures from the Office for National Statistics. Adultery was cited in 9,205 divorces in 2018, down from 20,765 in 2008 and 36,310 in 1998.

It is encouraging because adultery petitions are often filed when there is a heightened level of animosity between the parties and make it more difficult for the parties to progress the divorce, and their related financial matters, amicably.

We are, of course, all waiting for the Government to change the law so that parties can obtain a ‘no fault’ divorce.  This will save parties from the upsetting process of having to place blame on each other just to progress their divorce, even when not doing so would be their preference, reducing conflict so that the parties can move forward as amicably as possible.

This much anticipated change is, significantly, thanks to the works of Resolution and their campaign for change. They note that, in 2015, 60% of the divorces in England and Wales were granted on adultery or unreasonable behaviour. By contract, in Scotland where divorce law is different, this percentage was only 6%. Removing the need to blame from the divorce process will increase the changes of successful non-court dispute resolution, which is better for the couple, their children and wider family, and for reducing the burden of the family court. Resolution’s proposed new procedure would enable one or both parties to give notice that the marriage has broken down irretrievably, the divorce can then proceed and, after a period of six months, if either or both partners still think they are making the right decision, the divorce will be finalised.

Contact our divorce and family law experts today

If you would like to discuss any aspect of divorce and family law, divorce and pensions or want to draw up a pre or post-nuptial agreement or cohabitation agreement, call our mediation, divorce and family dispute resolution solicitors in absolute confidence on 03456 381381. Alternatively, email us at familylaw@ibblaw.co.uk.