A recent article in The Times by Jonathan Ames paints a compelling picture of the shifting dynamics of divorce in the UK. While the overall number of divorces has dropped to its lowest point since 1971, a new and troubling trend is emerging: couples who do separate are increasingly likely to battle it out in court over finances.

According to Ministry of Justice data, 76,000 couples divorced in 2023 – a sharp decline of over 30% since 2021. But this fall in numbers belies a spike in acrimony. There were over 10,300 contested financial remedy cases in the family courts last year – a staggering 66% rise – marking the highest figure since 2008.

This uptick in contested proceedings appears to be driven by a mix of economic anxiety and the growing complexity of high-net-worth divorces. Rising living costs and uncertainty over future finances are fuelling disputes, especially where inheritance, business assets, or international movement are in play. The article highlights the case of Clive Standish, a retired banker who transferred £80 million to his wife during their marriage – now under dispute in a high-profile Supreme Court case. It could set a significant precedent for how pre-divorce financial transfers are treated.

Kaija Viksne, a lawyer at Nockolds, notes a broader global context: post-Brexit migration patterns, US tariffs, and the reluctance of international spouses to settle in UK courts are all contributing to the surge in litigation. The divergence of legal systems worldwide means some parties are increasingly strategic, preferring the jurisdiction that favours their financial position.

This rise in courtroom showdowns is putting even more pressure on an already overstretched family court system. Between 2022 and 2023, the average time to resolve child arrangements rose by four weeks to 47 weeks – nearly a year. For families in distress, such delays can be devastating.

What does this mean for practitioners and separating couples?

First, the figures underscore the importance of early legal advice and financial transparency. With delays worsening and litigation intensifying, there is a renewed case for exploring mediation and collaborative law to avoid the courtroom altogether.

Second, family lawyers must be more globally aware. As cross-border wealth and relocation disputes grow, expertise in international family law and forum strategy is becoming critical.

Finally, for policymakers, the data should serve as a warning. Falling divorce rates may look positive on the surface, but behind closed doors, the conflicts are deeper, longer, and more complex. Investment in family court infrastructure and greater incentives for alternative dispute resolution may now be more urgent than ever.

In short, fewer couples may be saying “I don’t” – but for those who do, the battle lines are increasingly drawn in court.