Divorce rates

Divorce rates drop but court led financial cases soar   

With marriage being on the decline and more couples deciding to just live together as a cohabiting couple, it stands to reason that the number of divorces in England and Wales would also be on the decline. However, while fewer couples may be getting divorced, those that separate are much more likely to end up battling in court over money. Disputes over divorce awards have hit a 15-year high as the rising cost of living and economic uncertainty fuel rows between separating spouses.

Data shows that about 76,000 couple divorced in 2023. This is the lowest figure recorded since 1971 and is a more than a 30% fall compared with 2021. However, an assessment of Ministry of Justice figures has revealed that 10,300 financial remedy orders were contested in the family courts in 2024. This is a 66% rise over the number in 2023. It was the highest number of financial settlements contested in the courts since 2008 and comes amid growing concern over delays. There is also an increase in the number of cases where one party is trying to challenge an existing final order and seek to vary. This is usually because their financial position has deteriorated over the intervening years whilst the case has been ongoing or due to undisclosed assets coming to light later on.

Several prominent cases are making their way through the divorce courts, including a UK Supreme Court case of Standish v Standish.  A retired banker Clive Standish (age 72) gave his wife Anna Standish (age 57) £80 million to avoid inheritance tax and now argues that he should not have to split those funds equally after divorcing her. Mr Standish made the transfer to his wife in 2017, expecting her to place the money in a trust “primarily for the benefit” of their two children, his lawyers told a hearing in London. When she issued divorce proceedings in 2020, after 15 years of marriage, she still held the assets in her name. In 2022, High Court judge Mr Justice Moor split the family’s total wealth of £132 million by awarding Mr Standish £87 million and Mrs Standish £45 million. Mr Standish, who became a sheep farmer after retiring from banking in 2007, appealed against this decision, arguing that the majority of the money, including the £80 million of assets that he transferred, was earned before the marriage. Court of Appeal judges ruled last year that Mrs Standish’s share should be reduced to £25 million. The hearing before the Supreme Court listing to Mrs Standish’ appeal was made in front on the Supreme Court president Lord Reed, Lord Lloyd-Jones, Lord Burrows, Lord Stephens and Lady Simler and concluded at the end of May, with a judgment expected later on this year. This case is  likely to test the boundaries of the law on financial settlements on divorce and what can be classed as matrimonial property and non-matrimonial property.

At Kerseys Solicitors our experienced family law solicitors strive to use a process based on discussion rather an adversarial one so look to use all forms of non-court dispute resolution to try and resolve matters between divorcing couples or those dissolving a civil partnership. If Court is required, the team are all adept at knowing our way round the court process to ensure our clients are supported every step of the way. Contact our family law team today to find out more about our initial consultation process.

Kerseys Solicitors in Ipswich at [email protected] or telephone 01473 213311, Kerseys Solicitors in Felixstowe at [email protected] or telephone 01394 834557, Kerseys Solicitors in Woodbridge at [email protected] or telephone 01394 813732, Kerseys Solicitors in Colchester at [email protected] or telephone 01206 584584.