The upward trend in court cases comes despite rising legal fees and the government-led push towards meditation―currently, all divorce applicants must attend a mediation session before issuing court proceedings.
However, family lawyers attribute the rise to heightened financial stress in the economy and Brexit uncertainty, making people more likely to fight for their share of the marital assets.
James Ferguson, partner at family law firm Boodle Hatfield, warned that legal fees for litigation will deplete the pot of assets, while delays in the family courts can leave couples in limbo. Ministry of Justice figures show it takes an average of 59 weeks to obtain a decree absolute.
Ferguson said: ‘We would encourage clients only to litigate a divorce through court if all the other options have been exhausted. The costs and time involved in pursuing a financial remedy case through the Family Court seem to rise inexorably.’
