Tag: arbitration

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.

Divorce rates continue to decline

• In 2022, there were just 80,057 divorces in England and Wales—the lowest total since 1971, a drop of nearly 30% from the 113,505 divorces recorded in 2021
• Preliminary figures for 2023 suggest an even further dip to around 76,000 divorces, the lowest seen since the early 1970s.
• Contributing factors include the post-Covid resurgence in divorces in 2021, followed by a downturn under the new no-fault divorce law (introduced in April 2022), and sustained cost-of-living concerns.

Financial disputes hit a 15‑year high

According to data from the Ministry of Justice, despite falling divorce numbers, contested financial remedy orders surged to roughly 10,300 in 2023, marking a sharp 66% increase and the highest level since at least 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 issue.
• 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. There were 130 arbitrations on divorce financial settlements in 2024, up from 89 in 2023, according to the Institute of Family Law Arbitrators. This process offers speed, privacy, 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 poor awareness of finances prior to splitting.

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.