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04 December 2019
Issue: 7867 / Categories: Legal News , Family
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Love, marriage & divorce

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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NEWS
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Plans to reduce jury trials risk missing the real problem in the criminal justice system. Writing in NLJ this week, David Wolchover of Ridgeway Chambers argues the crown court backlog is fuelled not by juries but weak cases slipping through a flawed ‘50%’ prosecution test
Emerging technologies may soon transform how courts determine truth in deeply personal disputes. In this week's NLJ, Madhavi Kabra of 1 Hare Court and Harry Lambert of Outer Temple Chambers explore how neurotechnology could reshape family law
A controversial protest case has reignited debate over the limits of free expression. In NLJ this week, Nicholas Dobson examines a Quran-burning incident testing public order law
The courts have drawn a firm line under attempts to extend arbitration appeals. Writing in NLJ this week, Masood Ahmed of the University of Leicester highlights that if the High Court refuses permission under s 68 of the Arbitration Act 1996, that is the end
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