New no fault divorce leads to an increase in divorce applications paving the way for less hostility in divorce

HM Courts Service have recently published figures showing a significant increase in the amount of divorce applications the court are processing since no fault divorce came in on 6 April 2022.  

The figures show that 12,978 applications were made under the new system in April. Last year the courts received 6,764 digital and 1,965 paper applications. 

No fault divorce has removed the necessity to place blame on one partner in a divorce and has had a substantial impact on the way proceedings work and the relative ease of the process. It was intended no fault divorce would help to reduce acrimony in divorces. As a whole, the family justice system is undergoing significant changes to try to reduce contentious divorces and keep cases out of court.  

In an effort to encourage people to keep matters out of court, the government has recently announced extended funding for family mediation. The scheme is run by the Family Mediation Council for the Ministry of Justice, which supports divorcing couples in finding mutually agreeable solutions. 

With the increase in divorce applications since no fault divorce came in, and the increase in funding for family mediation, there appears to be a drive from the government and an interest from the wider public for couples to navigate through their divorces more amicably. With focus turning towards finding solutions outside of court, this will be beneficial both to the families themselves and to the court. 

These changes are helping to move away from contentious, hostile divorces and are paving the way for more amicable resolutions and decision-making processes. With these changes hopefully less matters will end up in court proceedings, giving the court some breathing space as they continue to feel the strain of increasing numbers of applications whilst still catching up from the delays caused by the pandemic.

By not having to prove a fault-based fact against their ex-partner, separating couples and their children will not have to suffer unnecessary conflict and anxiety

https://www.lawgazette.co.uk/news/hmcts-figures-confirm-divorce-bulge/5112802.article