Divorces increase by 10 per cent in 2021

The pandemic appears to have triggered a divorce backlog with divorces rising by 10 per cent in 2021, new data shows.

Figures, released by the Office for National Statistics (ONS) on Wednesday, revealed there were 113,505 divorces permitted in England and Wales last year, which is a ten per cent increase in comparison to 2020 which saw 103,592 divorces.

The number of divorces allowed in 2020 could have felt the repercussions of “disruption to family court activities” amid the coronavirus crisis, the ONS said.

Amanda Sharfman, a statistician at the ONS, noted the rise in divorces comes after a fall in 2020, as she explained divorces in both 2020 and 2021 could have been impacted by Covid-related upheaval to the courts.

Ms Sharfman added: “If we look at trends over a longer period of time, we have seen changes in the percentage of marriages ending in divorce by their 10th wedding anniversary.

“Back in 1965, one in ten couples who married that year were divorced by their 10th anniversary. This increased to one in four couples for those married in 1995.

“However, for couples married in 2011, the most recent cohort to have reached this milestone, we have seen a decrease, with fewer than one in five marriages ending in divorce by their 10th wedding anniversary.”

Women were more likely to initiate divorce proceedings in couples of the opposite sex in 2021 - making up 63 per cent of applications, in comparison with men who made up 37 per cent.

This gender breakdown is similar to what we saw in 2020, with data from the ONS showing women have been more likely to initiate divorce proceedings against men in England and Wales since 1949.

However, the gender disparity between men and women filing for divorce has decreased in recent years – falling around 10 percentage points since the peak of 1992 when wives filed for 72 per cent of divorces.

Unreasonable behaviour was the most common reason for females filing for divorce among couples who are the opposite sex in 2021 - making up almost half of applications.

Sarah Jane Boon, partner at Charles Russell Speechlys, a law firm, said: “Despite the promise of an easier process coming in 2022, divorce figures still rose during 2021.

“It had been anticipated that the introduction of no-fault divorce in April 2022 would mean that many would wait until that moment to start divorce proceedings.

“However, the rise in divorces in 2021 points to this being a misleading prediction. It is worth bearing in mind that no-fault divorce was delayed multiple times, so for some couples, it may have proven to be one delay too many."

While no-fault divorce laws were passed in June 2020, they did not take effect until 6 April. The Divorce, Dissolution and Separation Act 2020 eradicates the notion that one party in the couple is at fault or has committed some form of wrongdoing. As such, the application for divorce can no longer be contested under the new system.

While couples are no longer forced to prove they have been separated for two years - this was previously the only other way to file for divorce if couples chose not to venture down the blame route.

Ms Boon said: “Separately, 2021 was another unprecedented time for all, with the impact of Covid still being felt, together with macroeconomic distress, which will have all played a part in the uplift in divorces.

“While 2020 was a challenging year, 2021 provided a new sense of freedom, at least from the summer onwards, which may have also resulted in more couples deciding to part ways.”

Over the summer, lawyers told The Independent the cost of living crisis is placing growing strain on couples with divorce enquiries to legal firms soaring to record levels.

Data from the UK’s largest family law firm, shared exclusively with The Independent, showed lawyers received 4,129 enquiries in July, which is their highest ever recorded.

This marks a 25 per cent jump from May this year, and a 34 per cent rise on July 2021 when Stowe Family Law received 3,089 divorce enquiries. Meanwhile, the July figures constitute a 132 per cent rise from July 2019 - before the pandemic and the cost of living crisis hit.

Research by Stowe Family Law, which has around 40 offices around the UK, found just over half of UK couples say there is tension in their relationship as a result of the cost of living crisis, with seven in ten concerned their relationship will not make it through the spiralling crisis.