Divorce in Devon is changing as figures fall

Famed for its sandy beaches, rural retreats and cream teas, Devon has a less well celebrated claim to fame, it’s high divorce rate. Like other coastal towns, Torbay has traditionally been known as one of the nation’s divorce hotspots with a 12.83% divorce rate and second only to the Lancashire seaside resort of Blackpool. 

However, in line with the national trend, the overall divorce rate in Devon is falling.

Throughout England and Wales, the divorce rate dropped by 4.5% between 2019 and 2020. What people may not know is that a new law, due to be introduced in April, will make it easier for couples to petition for divorce without assigning blame to a particular party, it’s something also known as a ‘no fault divorce’.

Year on year decrease 

According to the ONS, there were 103,592 divorces granted in England and Wales in 2020, a decrease of 4.5% compared with 2019. The majority were among opposite-sex couples (98.9%). However, things could all change on April 6th when the Divorce, Dissolution and Separation Act 2020 becomes law. The change in legislation is designed to allow married couples to issue divorce proceedings without assigning blame, allowing for potentially quicker and easier “no-fault divorces”.

The current situation

As it stands at the moment in England and Wales, a divorce can only be granted if a marriage has broken down permanently and both parties agree to the petition. This usually comes after a separation of at least two years.

If they want to end their marriage more rapidly, one party has to prove either unreasonable behaviour, adultery or desertion. If one of the parties doesn’t consent however, they have to have been separated for at least 5 years before the petitioning spouse can be granted a divorce.

What the changes mean  

In short, the change in the law will allow couples to jointly end the marriage without attributing blame to one particular party. Additionally, in most cases it will no longer be possible for the spouse to contest it, regardless of whether they are in favour of the divorce. This will make the whole process simpler, more streamlined and potentially less expensive. It will hopefully also make it less difficult for those trying to break free from controlling relationships. Given that ‘unreasonable behaviour’ was the most common reason cited for wanting a divorce in 2020, accounting for 48% of divorce petitions, it’s safe to say that the forthcoming changes are likely to have an impact. 

Decrease explained 

Experts have suggested a number of possible reasons for the fall in the divorce rate. The obvious delay in the court system over the Covid lockdowns could account for the significant drop. It is also thought that the court delays did encourage lawyers to think more creatively about finding a resolution. An increase in the use of alternative methods of dispute resolution, such as mediation, supports this notion. Others have suggested that the pandemic may have stimulated a greater feeling of unity in some couples. It should also perhaps be noted that marriage itself is also on the decline with Gallup showing a drop in poll respondents reporting being married from 605 in the mid-1990s to less than 50% of respondents since 2015. 

Be prepared 

Although divorce is becoming less frequent in Devon and across the UK, the impending change in the law could trigger an increase in divorce petitions, and seeking professional legal advice will not be any less necessary. Securing the services of a family solicitor will help you stay informed of changes and how to achieve the best outcome for in your divorce.