Delaying divorce proceedings is common, and many studies highlight the reasons behind it. Delay in divorce proceedings can result from international cultural, legal, and socio-economic factors, all of which play significant roles.
Below is a more detailed exploration of the reason supplemented with relevant statistics and international perspectives.
1. Emotional and Psychological Factors
- Denial or Hope for Reconciliation: A study by the American Sociological Association found that about 30% of couples who consider divorce either reconcile or delay the process in hopes of working through their issues. In many cultures, especially conservative societies, the stigma of divorce often causes delays.
- Fear of Conflict: Research from the National Centre for Biotechnology Information (NCBI) shows that almost 40% of individuals delay divorce due to anxiety and stress caused by conflict during the process. This rate tends to be higher in countries with adversarial legal systems, such as the United States and parts of Eastern Europe.
- Guilt or Shame: Cultural norms can heavily influence this reason. For instance, in many Middle Eastern and South Asian countries, societal and religious expectations create feelings of guilt and shame. In some regions, the divorce rate is as low as 1-2% due to such pressures.
2. Financial Considerations
- Uncertainty About Finances: Divorce is often delayed due to financial concerns. A UK survey found that 36% of people were unsure how they would manage financially after divorce. In countries with weaker social safety nets such as parts of Africa or Southeast Asia, this concern is even more pronounced.
- Financial Dependency: In the United States, around 25% of divorces are delayed because one spouse is financially dependent on the other. This figure is higher in countries with stronger traditional gender roles, such as in Japan or Italy, where women are often more financially dependent on their husbands.
- Strategic Financial Timing: A study by the Institute for Family Studies in the US found that 15% of couples delayed divorce to benefit from financial events such as tax returns or the vesting of stock options. Similar patterns appear in countries like Canada or Germany, where tax systems or asset laws favor one spouse.
3. Impact on Children
- Concern for Children: A study by the UK’s Office for National Statistics (ONS) showed that 43% of parents delayed divorce to avoid disrupting their children’s lives. Similar trends appear in Scandinavian countries, where child welfare and co-parenting are priorities.
- School Timing: A survey in the United States found that 20% of parents delayed divorce until their children completed a significant educational milestone, such as finishing high school. In countries with intense education systems such as South Korea and China, this percentage may be even higher due to academic pressures.
4. Legal and Practical Issues
- Uncertainty About Legal Rights: In countries where divorce laws are complex or change frequently, such as in the UK or Australia, many individuals delay divorce. An Australian survey found that 18% delayed divorce due to confusion about their rights or possible outcomes.
- Complicated Assets or Jurisdictional Issues: In cases involving complex assets or international jurisdictional issue delays are common. For example, in the United States, 10% of high-net-worth divorces are delayed due to the complexity of dividing international assets. This issue is especially common in places like Switzerland or the UAE, where people hold assets in various countries.
- Waiting for Changes in Law: In some countries, couples may delay divorce in anticipation of more favourable laws. For example, in Ireland, many waited for divorce law reforms in 1996. Similar delays occur in countries like India and Brazil during periods of legal reform.
5. Personal Circumstances
- Health Issues: The Journal of Marriage and Family reported that 12% of divorces were delayed due to one partner’s health. In countries with limited access to healthcare, like parts of Africa or South Asia, the percentage is likely higher.
- New Relationships: Research in the US indicates that 8% of individuals delay divorce because they have started a new relationship and want to ensure its stability before ending their marriage. In cultures where remarriage carries a stigma, such as in certain Middle Eastern or South Asian countrie this figure might be lower due to social pressures.
- Pending Life Events: Significant life events such as a family wedding, retirement, or a planned relocation are common reasons for delaying divorce. In cultures that emphasize family honour and collective social standing, such as in Southern Europe or Asia, this reason is particularly prevalent.
6. Social and Familial Pressures
- Family or Community Expectations: In many cultures, particularly traditional ones, family and community expectations strongly influence divorce decisions. For instance, in countries like India or Saudi Arabia, where social stigma is intense, people often delay to avoid backlash. These nations maintain divorce rates of just 1–3%.
- Public Image: Public figures sometimes delay divorce to protect their image. A UK study showed that 11% of public figures postponed divorce to avoid bad press. Similar patterns appear in media-heavy countries like the US and France.
7. Mutual Agreement to Delay
- Waiting for a “No-Fault” Option: In countries that recently introduced no-fault divorce, such as the UK in 2022, many couples waited for less confrontational options. Surveys show up to 25% of couples in England and Wales postponed divorce until these changes took effect.
- Desire for an Amicable Settlement: A study in Canada found that 19% of couples delayed divorce to negotiate a more amicable settlement. This figure might be higher in countries with strong mediation culture such as in the Netherlands or New Zealand, where out-of-court settlements are encouraged.
Conclusion:
Delays in starting divorce proceedings result from complex emotional, financial, legal, and cultural interactions. Studies help explain how common each factor is, while international examples show how these factors can differ based on local contexts. Understanding these reasons is crucial for addressing the concerns of the parties involved and helping them navigate the divorce process in a way that minimizes stress and conflict. In addition, it is important to consider the legal ramifications a delay might have (see Rossi v Rossi in which Mostyn J found at [32] and agreed with Wood J in Chambers that: “Where a marriage is irretrievably broken down, the parties are to be encouraged to deal with all outstanding issues as reasonably expeditiously and succinctly as possible.”
As Benjamin Franklin said: “you may delay, but time will not”.
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