Recent statistics from the Ministry of Justice reveal that divorce is on the decrease, with a 3% decrease in divorce applications between January and March of this year in England and Wales compared to the same period in 2024.
It has been over 3 years since no-fault divorce came into effect. Its aim was to simplify the divorce process, encourage amicability between parties at the end of the relationship and to remove a party being at ‘fault’ for the breakdown of the marriage. Following the introduction of no-fault divorce, as anticipated, there was a sharp increase in divorce applications across England and Wales. Whereas now, 3 years on, we are seeing that the number of divorce applications are decreasing as couples are increasingly choosing to cohabit.
Given the purpose of ‘no-fault divorce’ being to simplify the divorce process and to reduce conflict, the statistics highlight the interplay of societal and economic factors which appears to have had a noteworthy impact on the data released by the Ministry of Justice this year.
A significant contributing factor is the ongoing the cost of living crisis. Importantly, research from Legal and General in January 2024 found that the financial pressures of the cost of living crisis delayed more than 270,000 couples from divorcing.
Similarly, the rise of cohabiting couples has been steadily increasing and it this trend is expected to continue. Cohabitation remains the fastest growing family type in England and Wales and in light of this it is important for cohabiting couples to be informed of the legal implications and potential risks of cohabitation.
What is cohabitation?
Cohabitation refers to the living arrangement where a couple choose to live together without getting married.
Many couples make the mistake of assuming that when they have been living together for a long time then they have the same rights in respect of finances and property as married couples, commonly referred to as ‘common law marriage’. In England and Wales there is no such thing as a ‘common law marriage’ regardless of the length of the relationship or children.
Cohabiting couples have little to no legal protection when it comes to the breakdown of the cohabiting relationship and so it is important for cohabiting couples to consider entering into a Cohabitation Agreement. This agreement provides cohabiting couples with clarity and legal protection in regards to their finances and living arrangements in the event of separation.
A recent survey commissioned by Co-op Legal Services reveals that 1 in 4 cohabiting couples have a cohabitation agreement in place which means 3 in 4 cohabiting couples are without any legal protection.
For further information on Cohabitation Agreements, read our blog here where our family lawyers explore and provide the necessary information as to the benefits of cohabitation agreements.
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