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04 December 2019
Issue: 7867 / Categories: Legal News , Family
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Love, marriage & divorce

The number of divorces per year has fallen below 10,000 for the first time since the 1970s, prompting family lawyers to renew calls for marriage reform.

Official National Statistics (ONS) show a 10.6% reduction since 2017 to 90,871 opposite-sex couples in 2018.

However, Neil Russell, partner at Seddons, said: ‘This has to be put into context with the fact that the number of cohabiting couples has increased by 25.8% over the decade.

‘This is the fastest growing family type. Without cohabiting couples having any proper financial provision available on breakup this remains a big problem. The biggest myth is that there is a “common law spouse”―there is no such thing.’

Another reason for the decrease is that divorce centres processed an administrative backlog in 2018, resulting in 8% more petitions, which is likely to mean a higher number of completed divorces in 2019.

Matthew Brunsdon-Tully, partner at Forsters, said: ‘No doubt some practitioners will also speculate that some petitions may have been delayed in the increasingly underfunded court system.

‘A standout figure, as in previous years, is that the most common reason for couples divorcing in 2018 was unreasonable behaviour (46.3% of opposite sex divorces and 76.2% of same sex divorces), followed by two years' separation (26.8% and 19.3% of opposite sex and same sex divorces respectively).’

‘No-fault’ divorce took a step closer to happening in June when then Justice Secretary David Gauke introduced the Divorce, Dissolution and Separation Bill to the House of Commons. However, the Bill has been put on ice pending the outcome of the General Election.

Joanna Farrands, partner in the family team at Barlow Robbins said: ‘This once again emphasises the need to reform the law as so many couples are forced to raise behaviours at the outset when it may be a mutual decision to end the divorce.’

Issue: 7867 / Categories: Legal News , Family
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MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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