Divorce in 2021: What Can we Expect this Year?
There are a lot of big divorce changes coming our way in 2021 due to Brexit, COVID-19 and general regulation changes. Let’s take a look at them in more detail…
If you’re one of the many people planning to get divorced in the UK in 2021, there are some big changes you need to be aware of before you speak to a Swansea, Cardiff or Bristol family lawyer.
In this post, we’re going to detail these changes, so you know what to expect and can plan your divorce ahead of time. Take a look…
What Will UK Divorces Look Like in 2021?
Before we get into how divorce law itself is going to change, we’re going to quickly look over the sheer number of divorces we’re expecting.
Divorce Rates will Increase
It’s expected that divorce rates will skyrocket this year, as many relationships have been pushed to the brink during the repeated COVID-19 lockdowns.
We actually saw a marked decrease in divorces in 2020, with only 52,000 people filing for one between the end of March and September. This compared with 60,000 over that same period in 2019.
The reason for this is likely the severe economic crisis and uncertainty around jobs and potential house price crashes. Under these circumstances, breaking up with your partner and going it alone just wasn’t financially viable for many.
However, 2020s loss is 2021s gain, as those couples who would’ve broken up in 2020, had it been viable, will take every opportunity to get divorced when lockdown is lifted in April of this year.
Many of these couples will be waiting for the new ‘no-fault divorce’ laws to kick in later this year too, which aim to make it easier for people to get divorced. Coincidentally, this leads us nicely onto our next point.
No-Fault Divorce Will Take Over
In June 2020, the UK Government passed the Divorce, Dissolution and Separation Act 2020, which became an act of Parliament. These new rules, referred to colloquially as ‘no-fault divorce’, are expected to come into force in Autumn 2021.
These new laws will replace the current system’s requirement to stipulate one of the five grounds for divorce as the reason the marriage ended, i.e.:
- Adultery
- Unreasonable behaviour
- Desertion
- Two years’ separation with consent
- Five years’ separation without consent
The first three grounds are all based on who was to blame for the end of the marriage. If the two parties can’t agree that any of these reasons were the cause, they then have to enter either a consented agreement of separation for two years or five years without consent.
Under the new divorce laws, the blame game has been replaced by a simple statement of ‘irretrievable breakdown’. This also means that couples who can’t find a reason are able to legally split without a forced separation period.
Also, under the new laws, the divorce doesn’t have to be initiated by a single partner. Couples can make joint applications which allows couples to have an amicable divorce in writing.
You can see why a lot of couples are waiting for this law to go through, especially those who are in abusive marriages and need to get out of them as quickly as possible.
International Divorce will Change
The final major facelift of UK divorce in 2021 is a result of the biggest change the UK has undergone in our lifetimes; Brexit.
Prior to Brexit, couples who had connections to the UK and another EU country underwent a sort of ‘jurisdiction race’. This was when the first party to commence proceedings got to have the divorce go through the legal system of the country they filed for it in.
For example, if you’re English and you’re married to an Italian, they could file proceedings in Italy before you get chance to do it in the UK. So, your divorce would be tried under Italian law.
However, as of 1st January 2021, EU laws on divorce will no longer apply to the UK. Now, the ‘first past the post’ rule that caused the jurisdiction races will die along with them.
Instead of this system, UK-EU divorce will now use ‘closest connection’ as the deciding factor on whose laws will be applied to the divorce proceedings. The courts will decide closest connection based on:
- The nationality of the couple
- The location of their main home and other assets
- Where they work
- Where their children attend school
This might sound like a fairer approach than the system we had before but, unlike no-fault divorce, this change makes the whole process of EU-UK divorce that much more complicated. In order to decide which country the divorce should be tried in, there will likely be time-consuming border disputes, and higher legal costs for the divorcing couple.
This will do the opposite of encouraging an amicable divorce as, once a jurisdiction has been decided upon, the other partner will have lost their right to have their divorce tried under their own country’s laws.
Are They the Only Changes to Divorce in 2021?
In this post, we’ve tried to detail the main differences between divorces in 2020 and 2021 so you know what to expect if you decide to apply for one.
There are more big changes to divorce this year than any other period in recent memory, but that’s to be expected after a global pandemic and a breakup between the UK and the EU.
There are more changes that are expected to happen to divorce in 2021 but none as big as the ones listed above. Look into online divorce proceedings and variation applications if your curiosity hasn’t been satisfied by the changes listed here.