The 2022 report on divorces in England and Wales from the Office for National Statistics (ONS) revealed that there were 80,057 divorces granted that year. That’s 29.5% lower than in 2021 and the lowest number seen since 1971. There were also 525 civil partnership dissolutions — 22.8% fewer than in 2021 and the lowest since 2010.
The median duration of marriages that ended in divorce (the mid-point of all durations) was 12.9 years for opposite-sex couples, while same-sex marriages lasted around 7.5 years for men, and 6.3 for women.
But, while divorce rates are decreasing, what are the reasons for divorce happening at all? What goes wrong? Here, we take a look at the top grounds for divorce prior to the reforms in divorce law that came into force on April, 6 2022.
The Five Main Reasons for Divorce in the UK
According to the 2022 ONS report, the following grounds for divorce were cited in opposite-sex divorces:
1. Unreasonable Behaviour
Unreasonable behaviour was the most cited reason for divorce and has been the most common ground for females petitioning for divorce in opposite-sex couples for over 40 years! It has also been the most common ground for males since 2006 – previously, adultery was the most common.
This was cited the most among the grounds for divorce in the UK as it covered a number of aspects. Essentially, it was relied on by one spouse when their wife or husband’s behaviour was so bad, they could no longer stay married to them.
Unreasonable behaviour could include physical violence, verbal abuse, addiction, or refusing to pay for the expenses related to the marital home, amongst much more.
2. Two-Year Separation With Consent
Lengthy separation is another front-runner in divorce statistics for the UK. Previously, you could be granted a divorce if you had been separated and lived apart for more than two years. Both parties had to agree on a divorce. This was one of the most common reasons for divorce given when neither party wanted to relive pain or pass blame.
3. Five-Year Separation
Separation could be used as a reason, even if both parties did not agree on a divorce, if a married couple had been living apart for more than five years. Previously, this was grounds for divorce which led to relatively quick rulings.
What Separation Length is Grounds for Divorce in the UK?
Since the ONS divorce statistics data was compiled, the UK has introduced a no-fault divorce process. Therefore, you no longer need to be separated for a certain amount of time before you can legally divorce.
Read more: What Is A No Fault Divorce? How to Get a Divorce in the UK
4. Adultery
Adultery, more commonly known as an affair, was a common reason for divorce. A marriage is a promise to love and be faithful to a person for a lifetime. Therefore, either party having sex with another person can break down trust and often cannot be forgiven – whatever the reason behind the stray.
Previously, adultery was possible grounds for divorce; however, there were some restrictions. For example, it was not legally seen as a reason for divorce if the couple remained living together for six months or more after the wronged party found out.
Adultery could also not be claimed as a reason for divorce if the affair was between two people of the same sex. This also includes same-sex marriage cases. In such cases, unreasonable behaviour could be cited as grounds for divorce instead.
Adultery also could only be claimed if there was sexual intercourse. While frowned upon, kissing or emotional affairs are not covered by the legal definition.
5. Desertion
Although rare, desertion was the grounds for divorce in around 500 of the 2022 cases, making the top five in UK divorce statistics.
This involved either partner leaving without good reason or the consent of their spouse. The spouse who left had to have intended to end the marriage with the other party and the desertion had to be ongoing for at least a continuous period of two years before their husband or wife could file with the court, citing it as grounds for divorce.
If the parties lived together again for six months or more, the two-year period would have to be restarted.
Some people refer to cases like this as abandonment, and it can sometimes lead to difficulty in the dividing of shared assets and responsibilities as the deserting partner is hard to locate. This can be particularly tricky if they move abroad.
Do You Still Need to Cite a Reason for Divorce?
Since these divorce statistics for the UK were compiled in 2022, the law on divorce in England and Wales has changed.
You no longer need to provide a reason for divorce, but all of the following must be true:
- you’ve been married for 12 months or longer
- your relationship has permanently broken down
- your marriage is legally recognised in the UK
Dissolving a civil partnership has similar stipulations when it comes to grounds for divorce.
You can now also apply alone, or jointly with your spouse.
If the marriage was never legally valid, or it was voidable (because either party were under 18, already married, or a couple was closely-related), you can apply for an annulment rather than a divorce.
Alternatively, a legal separation can be sought if you would like to separate but not divorce. This could be due to religious reasons, you having been married less than a year, or you being unsure of the future of your relationship.
How Long Does a Divorce Take?
Even prior to the changes in legislation, the grounds for divorce cited, and which spouse filed for divorce both had very little bearing on the divorce procedure.
In the UK, the minimum period of time it can take for a divorce is 26 weeks (approximately 6 months). However, depending on the complexity of the divorce, the time each individual process can take can vary. Other factors, including any issues affecting shared children, as well as the settlement of any financial matters may delay the divorce.
Do You Require a Divorce?
If you’re considering a divorce and would like to know more about your rights and the process, please contact our friendly team of divorce solicitors.
Alternatively, if you are yet to marry, learn about prenuptial agreements here.
