What are the most common types of divorce in the UK?
According to the National Office of Statistics, in 2021, there were 113,505 divorce granted in England and Wales representing a 9.6% increase when compared to the year 2020. But what are the reasons for those divorces and divorces that went before them? We take a look at the most common reasons why people get divorced in the UK.
Old divorce laws
Prior to the no-fault laws coming into force in April 2022, there were five grounds for divorce that needed to be detailed in a divorce application. No longer in existence, these grounds made the application process much more cumbersome and for people experiencing domestic violence it presented significant challenges.
The previous grounds for divorce were:
- Unreasonable behaviour
Unreasonable behaviour was the most common ground used during divorce, perhaps because it is a relatively broad term that could encompass a number of different situations. Examples of unreasonable behaviours could be physical abuse, drug or alcohol addiction problems, financial or coercive control. Although applicable to domestic abuse cases, it was a term that could be provocative and unhelpful for victims.
- Two years separation
The second most common ground for divorce was two-year separation. In order to use this ground, couples had to prove that they had been living apart for two years or more with each other’s consent. Living apart could involve both parties still residing in the same household but living completely separate lives, for instance, not sleeping together, and not performing household chores for the benefit of the other. The respondent to the divorce petition had to consent before proceedings could begin.
- Adultery
Adultery was the third most popular ground. In the context of a divorce, the definition of adultery is when there has been voluntary sexual intercourse between unmarried members of the opposite sex with one or more already married to someone else. It was a common misconception that the person who committed adultery was the party who must pay for the divorce. In fact, it was the person who applied for the divorce obliged to pay the fees.
- Separation after five years
Similar to the two-year rule, if a couple has lived apart for five years, they could also seek a divorce. The difference was that with the five-year rule, no consent from the other party was needed. This was a popular option for couples who wanted to have a smooth divorce after agreeing to separate a long time before.
- Desertion
Desertion was the least common ground for divorce, with only a small minority opting for this as a reason to begin proceedings. Desertion is when one of the spouses suddenly leaves with no explanation as to why and they have been absent for a period of two and half years.
New divorce laws
Historically, these were the most common types of divorce, made visible through the grounds applicants were able to use. None of these grounds are now available which could make it more difficult to understand common types of divorces in the future. Today, the new laws require applicants to simply cite ‘irretrievable breakdown of a marriage’, no matter the circumstances or reasons. As well as domestic abuse victims, this helps everyone, including families, to be able to have a more streamlined divorce with less acrimony.
The future of divorce
With the new the Divorce, Dissolution and Separation Act 2020, now in place it may be less obvious what types of divorces we will see in the future and what the reasons behind them are. Statistics may also be skewed because of the impact of the global pandemic which saw couples who may have applied for a divorce during COVID-19, waiting until there was more economic certainty. Plus, the Divorce, Dissolution and Separation Act 2020, also had an effect with many people ‘waiting’ to divorce their spouse until the new rules came into force. Societal shifts and changing attitudes towards marriage will also make their mark on the types of divorce we will see in the future…
