According to new data, adultery-based divorces have hit an all-time low, with an 87% increase recorded since 1992.
However, the decline doesn’t necessarily indicate a drop in infidelity; but rather a changing legal and social environment and, arguably, a more nuanced and mature understanding of the complexities and nuances involved in relationship breakdowns.
That’s because the adultery-based divorce has given way to the ‘no-fault’ divorce, encouraging couples to split amicably – without assigning blame or pointing fingers.
Or, to borrow the famously eccentric yet well-meaning parlance of Gwyneth Paltrow and Chris Martin, to “consciously uncouple.”
A new way of separating
The decline of infidelity as the primary reason cited for divorce also reflects the impact of relatively recent legal reforms surrounding marriage and divorce.
Data analysis spanning the past 3 decades and published in June 2024 by the Office for National Statistics, reveals that 5,383 divorces were granted due to adultery in 2022, compared to 44,128 in 1992; an 87% decrease since 1992 and the lowest rate recorded.
Julian Bremner, Partner at Rayden Solicitors who are experts in family law arbitration, says that this shows the sign of a society which is progressing.
“The decline of adultery-based divorces and the adoption of no-fault laws indicate a shift towards more practical and less adversarial separations,” he says.
The no-fault divorce only came into effect in England and Wales in 2022, aimed at ending the blame game and reducing conflict. It ended completely the need for separating couples to apportion blame for the breakdown of their marriage, helping them to instead focus on key practical decisions involving children or their finances and look to the future.
Previously, one spouse was forced to make accusations about the other’s conduct, such as ‘unreasonable behaviour’ or adultery, or face years of separation before a divorce could be granted. This was regardless of whether a couple had made a mutual decision to separate.
Advocates at the time of the reform predicted it’d stress and prevent children from witnessing “mudslinging.”
It also stops one partner from vindictively contesting a divorce and locking their spouse into an unhappy marriage.
At the time, Juliet Harvey, National Chair of Resolution, said: “After more than 30 years of campaigning by our members, we are delighted to see this reform finally come to pass, which will result in a kinder, less adversarial divorce process in England and Wales.”
Aidan Jones, Chief Executive at Relate called the 2022 legislation the “biggest shake-up in divorce law for 50 years.”
He said it was “an important step in moving away from animosity and blame being the norm, to a place where the welfare of those involved – particularly children – is at the forefront of the process.”
Preserving privacy
Julian Bremner added that no-fault divorce allows couples to part ways without disclosing the reasons for their marital issues, preserving their privacy in personal matters.
“This approach has led to a more measured approach to divorce proceedings, significantly reducing conflict,” he said.
“The benefits of this system cannot be overstated; it has greatly simplified the process for individuals and their legal representatives, enabling a more constructive path forward.”
