Couples Warned Against DIY Divorce

A new divorce form could potentially lead to more people being accused of adultery thanks to a dedicated section that asks the petitioner to fill in the details of the person their partner committed adultery with.

While the paperwork is intended to make the divorce process easier and faster for people who do not wish to hire a lawyer, the new documentation could lead to mistakes and false accusations.

While it is not a requirement that applicants fill in this section of the form, some experts are concerned that people may be tempted to fill it in with a false accusation in the desire to get back at their former partner. Alternatively, others may fill in this section of the form due to a misunderstanding of its meaning.

Anyone named on the form is sent a letter informing them of the accusation, making them party to the case; filling in the form incorrectly or making false claims could lead to months of costly delays. As such, legal experts are advising people seeking divorce against using the new DIY forms.

Divorce rates and adultery in the UK

Official statistics show 42% of marriages end in divorce. Statistics on adultery have found instances of adultery within marriage are common causes of divorce within the general population of the UK for both men and women. New research has found that around half (45%) of British men admit to committing adultery within their long-term relationships or marriages at least once – while 21% of UK women admit to straying from their primary relationship.

Alex Fantini, the researcher behind the study, said: “Officially, affairs remain taboo in many countries, which is why people do it more. On the one hand people are afraid to be judged, but on the other they want to have affairs because it is forbidden.”

In recent statistics on the divorce trends in the UK, it was revealed that as many as 66,588 (60%) out of 111,169 divorces were granted as the result of either ‘unreasonable behaviour’ or ‘adultery.’ Such figures reveal that divorce and unreasonable behaviour are currently the two most common reasons for divorce in the UK.

However, the rates of divorce granted on the grounds of adultery have been falling consistently in the past decades. Figures were highest in 1987, when around were granted on the basis of adultery. The current rates of divorce granted on the basis of adultery are only at 14%, highlighting the steady decline in the rates of marriages ending in divorce as the result of adultery throughout the decades. In contrast, unreasonable behaviour was cited for divorce in 28% of divorce cases in the 1970s, while in 2013 it accounted almost half of all divorces (47%).

IBB Solicitors’ divorce law expert, Amanda Melton, commented:

“The steady decline in divorces citing adultery as the reason for divorce is likely to be those cases where parties do have representation or have taken advice. It is unusual for family solicitors to advise a party to try to obtain a divorce based on adultery. It heightens the animosity between the parties (which is never helpful when it comes to trying to sort out issues about children or money) but can also delay the proceedings. Whilst it may be very satisfying for someone to name a third party as a co-respondent, if that person does not admit the adultery it can cause delays and increase costs considerably – even leading to withdrawal of the application and starting again- on different grounds in some circumstances.

It is often the better option to consider a divorce based upon unreasonable behaviour. It does not require an admission from the other party or indeed anyone else and can be pursued provided it has been served. It certainly gives the control of the divorce to the party seeking the divorce rather than having to rely on an admission which may or may not be forthcoming”.

Few concerned about threat of adultery to marriage

However, despite the threat posed by adultery to marriages in the UK, a study on relationships and wellbeing from the Office for National Statistics found that adultery was low on this list of most people’s potential considerations for relationship problems that may potentially lead to divorce.

“When asked to choose options from a list of problems which could put a relationship under strain, more than six out of 10 singled out financial problems as a possible danger and four in 10 selected long-working hours or a lack of work-life balance. Only 36% chose extra-marital affairs as a possible problem, just ahead of not understanding each other,” according to the ONS study.

Contact our experienced divorce lawyers today

Our Family and Matrimonial team helps families across West London and Buckinghamshire. If you would like to discuss any aspect of family law, are considering divorce proceedings or a trial separation, or want to draw up a pre or post-nuptial agreement, call us in absolute confidence on 03456 381381. Alternatively, email us at familylaw@ibblaw.co.uk.