Divorcing couples are increasingly choosing to avoid court because of increased costs and long waiting lists for hearings, according to a new analysis from family law firm Pepperells Solicitors.
The emotional and financial toll of contested litigation means court is no longer viable, the firm says, with many favouring negotiation, mediation and other non-court routes. The trend reflects a wider change in attitudes, Pepperells adds, as households navigate rising living costs, an unpredictable economic environment and growing pressure on family courts, the firm says.
“People are becoming far more realistic about what litigation can deliver, and what it can cost – financially and emotionally,” said executive director Stephen Orridge.
“When the economic landscape is volatile, most households simply cannot shoulder the uncertainty of a drawn-out court battle.
“Reaching an agreement early can be the right choice, but it must be one that is properly informed and able to meet long-term needs.”
Practitioners are increasingly seeing couples reach financial agreements earlier in the process, often because there are fewer assets to dispute and because delays in the court system make adversarial routes unattractive. According to Pepperells this shift is cultural as well as procedural, driven by couples wanting greater control over outcomes and a more pragmatic approach to post-divorce finances.
But the firm warns the complexity of financial cases has not diminished, and it is seeing a growing number of clients arrive after attempting to negotiate alone, often to save money – only to discover later that crucial assets have been undervalued or overlooked entirely.
“We understand why people want to move quickly, but speed cannot come at the expense of accuracy,” executive director and family law specialist David Kemshall said.
“A consent order that is based on incomplete information can lock someone into a deeply unfair position, particularly around pensions or housing needs.
“Once these orders are approved by the court, they are extremely difficult to revisit, so getting them right the first time is vital.”
Court delays have contributed to a growing interest in private dispute resolution, Pepperells adds, but warned the increasing use of private hearings is creating a growing divide amongst those who can and cannot afford to pay the fees involved, which often run into several thousands of pounds.
Kemshall said:
“The family court system is under real strain, and that pressure inevitably affects the decisions separating couples make. Non-court routes can be extremely effective, but they must still be guided by detailed legal advice, not shortcuts.”
