Delays in Divorce Proceedings
Divorce proceedings took four weeks longer in 2023 than in 2022, according to reports.
Why would this be?
There are a number of possible contributing factors. Let’s consider some of them:
New Legislation
The introduction of the Divorce, Dissolution and Separation Act 2020, which came into effect in April 2022, introduced mandatory waiting periods that extended the overall process. The new law requires a minimum 20-week period between the initial application and the conditional order, and an additional six weeks before the final order can be granted. This change was intended to reduce conflict by removing fault-based grounds for divorce and allowing joint applications, but it also lengthened the procedural timeline.
Surge in Applications
There was a notable surge in divorce applications immediately following the introduction of the new legislation, which created a backlog in the courts. This initial influx of cases strained the system, contributing to longer processing times.
Digital Transition
While most divorce applications are now processed digitally, the transition has not been entirely smooth. Technical issues and the need for both parties to navigate the new system have occasionally resulted in delays.
Court Backlogs
The family court system has been experiencing backlogs, not only in divorce cases but across all types of family law cases. This has been exacerbated by the increased number of private law cases and other court proceedings, leading to longer waiting times for all involved.
There may also be other personal, emotional and practical reasons there are delays in divorce proceedings. Here are some common reasons:
Emotional Reasons
The prospect of significant life changes can be daunting. People may fear the unknown and the potential loneliness that comes with ending a long-term relationship. In spite of the problems, there may still be strong feelings of love, affection, or attachment to their spouse. Many people also may hold onto hope that their relationship might improve or that their partner will change.
Financial Concerns
Divorce can be expensive, involving legal fees, potential maintenance payments, and the division of assets. One or both partners may also fear a reduction in their standard of living or the financial instability that often accompanies divorce. Complications in dividing shared property, assets, and debts can lead to delays.
Children and Family Dynamics
Concerns about the emotional and psychological impact of divorce on children can make parents reluctant to file. Pressure from extended family members who disapprove of divorce can also be a significant factor.
Social and Cultural Factors
In some communities and cultures, divorce is still stigmatised, and individuals may fear judgment from friends, family, or their community. Religious beliefs that discourage or prohibit divorce can be a significant deterrent.
Legal and Logistical Issues
The legal process of divorce can be complex, lengthy, and confusing, leading to procrastination. Some individuals may delay because they are uncertain about their legal rights and the steps involved in filing for divorce.
Personal Readiness
Some may feel they need to work on themselves or achieve a level of personal growth before making such a significant life change. Additionally, mental health issues such as depression or anxiety may make it difficult for someone to take the necessary steps to proceed with the divorce process.
Conflict Avoidance
The desire to avoid further conflict with their spouse can lead people to delay filing. Some individuals may prioritise keeping the peace in the short term, especially if they are living together despite their issues.
Understanding these reasons can provide insight into the multifaceted nature of the decision to divorce, highlighting why it is often a deeply personal and complex process that is best done with the guidance of a solicitor.