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.’
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