Family court trends in England and Wales: January to March 2024

The latest Family Court Statistics Quarterly report for January to March 2024, published on June 27, 2024, offers a comprehensive overview of the family justice system in England and Wales. The report includes data on various aspects such as divorce, domestic violence, adoptions, and the impact of the Mental Capacity Act, among others. This article will delve into the key findings and trends outlined in the report.

Divorce Trends

One of the significant trends observed in the first quarter of 2024 is the decline in divorce applications, which decreased by 11% compared to the same period in 2023, with 27,908 applications submitted. However, the number of final orders granted under the new divorce law saw a 19% increase, reaching 21,662. This indicates a shift in the divorce process, with the new legislation facilitating quicker resolutions.

The new divorce law, effective from April 2022, aims to reduce conflict by removing the need to attribute fault and allowing for joint applications. This legislative change appears to be influencing the overall dynamics of divorce cases, contributing to the observed increase in final orders.

Domestic Violence Remedy Orders

The report highlights a decrease in both domestic violence remedy applications and orders. Applications fell by 8%, and orders decreased by 6% compared to the first quarter of 2023. Despite this quarterly decline, the long-term trend indicates a significant increase since 2011, reflecting greater awareness and reporting of domestic violence over the years.

Non-molestation orders continue to constitute the majority of these applications and orders, demonstrating their crucial role in protecting individuals from domestic abuse. However, the slight decline in the latest quarter may suggest a need for further investigation into the underlying causes, such as potential barriers to accessing legal remedies.

Adoption Applications and Orders

Adoption statistics show a mixed trend: while applications decreased by 5% to 1,037, the number of adoption orders issued increased by 2%, totaling 1,090. This disparity suggests that although fewer adoption applications are being made, the processing and finalisation of existing applications have improved.

The breakdown of adoption orders by the type of adopter reveals that mixed-sex couples received the majority of orders (56%), followed by sole applicants (18%), same-sex couples (16%), and step-parents (9%). This distribution reflects the diverse family structures seeking adoption.

Mental Capacity Act: Deprivation of Liberty

Applications and orders related to deprivation of liberty under the Mental Capacity Act 2005 have surged, reaching the highest levels in the time series. There were 2,022 applications, up 30% from the same quarter in 2023, and orders increased by 40% to 1,448. This spike highlights the growing recognition and application of legal protections for individuals who lack the mental capacity to make decisions about their liberty.

In contrast, overall applications under the Mental Capacity Act decreased by 5%, while orders increased by 15%, indicating more efficient processing and a higher rate of approvals.

Probate Service

The Probate Service experienced significant activity in early 2024, with a record number of probate grants issued (70,520) and applications taking an average of 11 weeks to process. This represents an increase of over two weeks compared to the same period in 2023, suggesting potential administrative delays.

Interestingly, digital applications accounted for 91% of probate grant applications and 93% of grants issued, underscoring the ongoing digital transformation of the probate process, which aims to enhance efficiency and accessibility.

Conclusion

Key trends include a decline in divorce applications but an increase in final orders, a decrease in domestic violence remedy orders, mixed trends in adoption statistics, and a significant rise in applications and orders under the Mental Capacity Act related to deprivation of liberty.