Fewer divorces, more financial battles: Why couples are heading back to court

Couple discussing separation and divorce

Author

Clare Pilsworth, family law partner at Tees Law

Partner

While divorce figures in England and Wales are at their lowest in over 50 years, the number of couples fighting over finances in family courts is climbing steeply.

Are divorce rates rising or falling in the UK?

The answer is falling overall, save for in 2023.

  • In 2023, there were 102,678 divorces in England and Wales, which is an increase of 28.3% from 2022 of 80,057.
  • The number of dissolutions granted in 2023 was 1,138 – the highest number recorded since 2017.

However, the increase in 2023 can be explained. 2023 represents a return to normal pattern, not a genuine increase. The 2022 figures were artificially low due to the mandatory 20-week reflection period and the lower number of final orders being granted following the introduction of the no-fault divorce legislation under the Divorce, Dissolution and Separation Act 2020. What we are seeing is not a surge in relationship breakdowns in 2023, but rather the clearing of a backlog and a natural stabilisation in numbers following the artificial dip in 2022 because of the new legislation and the pandemic.  

Financial disputes hit a 15‑year high

According to data from the Ministry of Justice, despite falling divorce numbers overall, there has been an increase in applications and disposals for financial remedy orders:

There were 12,634 financial remedy applications made in July to September 2025, up 7% for the same period in 2024, while there were 12,268 financial remedy disposal events, up 6% compared with a year earlier. During this quarter, 74% of applications were uncontested and 26% were contested. 

While most applications remain uncontested, over 3,200 were contested, which is an increase from previous years. Looking at the latest figures for a whole year, despite fewer divorces, the number of contested financial remedy orders reached approximately 10,300 in 2023, the highest level since 2008.

Factors driving this rise include:

  • Economic instability: Many divorcing couples are finding it harder to agree on settlements amid falling property values and rising living costs.
  • Complex financial portfolios: Wealthier individuals with international assets or opaque finances are increasingly contesting settlements, often fuelled by jurisdictional issues.
  • Non-compliance and enforcement: Post-judgment enforcement is also becoming more common, with delayed transfers of property and unfulfilled payment arrangements due to financial difficulty.

Court delays and private alternatives

  • Financial disputes are taking significantly longer to resolve—routine financial and child-arrangement cases now average 47 weeks from start to resolution.
  • Faced with this backlog and public exposure, many high-net-worth individuals are opting for private arbitration. This process offers speedprivacy, and control—and is often quicker and—in the long run—cheaper than traditional court proceedings.

What should you do?

  • Get advice early. Cost-of-living pressures are delaying divorces—some 19% are postponed for financial reasons, but this can also lead to rushed and unfair financial settlements.
  • Prepare documents and explore mediation or arbitration. Taking the private route can reduce time and public scrutiny.
  • Enforce and vary orders. If the other party is failing to comply or your finances have shifted significantly, it’s critical to seek prompt legal guidance.
  • Stay aware of financial risks. A lack of clarity over pensions, investments or credit entanglements can derail agreements. Around 38% of divorcees admit to having poor financial awareness prior to splitting.

Summary Table

TrendImplication
Divorce rate ↓ (80,000 → ~76,000)Couples are delaying or avoiding divorce, often due to costs
Court disputes ↑ (10,300 orders contested, +66%)Settlements are more contested than ever
Court wait times ↑ (47 weeks avg)Formal court proceedings have become lengthy
Arbitration usage ↑ (130 cases in 2024)Private alternatives are becoming more popular

How Tees can assist you

  1. Strategic planning
    We’ll help you gather evidence, prepare asset statements and identify potential dispute areas before filing.
  2. Mediation and arbitration guidance
    We work with accredited mediators and arbitrators to help you resolve disputes swiftly—in private.
  3. Robust court representation
    Should your case go to court; our experienced family team will negotiate or enforce the fairest settlement on your behalf.
  4. Post‑settlement support
    From varying terms after changes in income to pursuing enforcement, we’re here throughout.

Conclusion

Yes, divorce numbers may be falling, but for many, the separation of finances is becoming more contested, more public, and more prolonged. At Tees Law, we guide you through every phase; before, during and after—to ensure you secure a fair outcome with as little stress, delay and exposure as possible.
We’re here to protect you, your children, your wealth and your sanity during divorce.

If you’re separating and worried about your finances, reach out for a confidential, no‑obligation chat with one of our specialist family law solicitors.

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