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Love, marriage & divorce

04 December 2019
Issue: 7867 / Categories: Legal News , Family
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The number of divorces per year has fallen below 10,000 for the first time since the 1970s, prompting family lawyers to renew calls for marriage reform.

Official National Statistics (ONS) show a 10.6% reduction since 2017 to 90,871 opposite-sex couples in 2018.

However, Neil Russell, partner at Seddons, said: ‘This has to be put into context with the fact that the number of cohabiting couples has increased by 25.8% over the decade.

‘This is the fastest growing family type. Without cohabiting couples having any proper financial provision available on breakup this remains a big problem. The biggest myth is that there is a “common law spouse”―there is no such thing.’

Another reason for the decrease is that divorce centres processed an administrative backlog in 2018, resulting in 8% more petitions, which is likely to mean a higher number of completed divorces in 2019.

Matthew Brunsdon-Tully, partner at Forsters, said: ‘No doubt some practitioners will also speculate that some petitions may have been delayed in the increasingly underfunded court system.

‘A standout figure, as in previous years, is that the most common reason for couples divorcing in 2018 was unreasonable behaviour (46.3% of opposite sex divorces and 76.2% of same sex divorces), followed by two years' separation (26.8% and 19.3% of opposite sex and same sex divorces respectively).’

‘No-fault’ divorce took a step closer to happening in June when then Justice Secretary David Gauke introduced the Divorce, Dissolution and Separation Bill to the House of Commons. However, the Bill has been put on ice pending the outcome of the General Election.

Joanna Farrands, partner in the family team at Barlow Robbins said: ‘This once again emphasises the need to reform the law as so many couples are forced to raise behaviours at the outset when it may be a mutual decision to end the divorce.’

Issue: 7867 / Categories: Legal News , Family
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