- Number of contested financial remedy orders at highest level in 15 years
- Exodus of high-net-worths fuelling disputes with complex asset portfolios
The number of divorce settlements being contested in the courts has surged to its highest level in 15 years, according to Nockolds, the leading law firm.
According to data obtained from the Ministry of Justice, 10,300 financial remedy orders were contested in the family courts in 2024, up from 6,191 the previous year, an increase of 66 percent. The number of financial settlements contested in the courts in 2024 was the highest number since 2008, when 10,905 were contested.
According to Nockolds, rising living costs and economic uncertainty may be fuelling disputes over financial settlements, as divorcing couples become less certain about their financial futures. The decline in the value of residential property and other asset values in 2024 and heightened concerns about the global economy under the impact of tariffs in 2025 are likely to prompt more couples to dispute the division of assets in divorce settlements.
Nockolds explains that the division of assets in financial remedy orders are guided by Section 25 of the Matrimonial Causes Act 1973, which often result in outcomes that favour the financially weaker party.
The number of divorce settlements disputed in the courts is the highest it’s been since the height of the global financial crisis in 2008.
Kaja Viknes, Senior Associate at Nockolds, comments: “With divorces now often taking two years or more to finalise, we are increasingly seeing people challenging existing final orders and seeking to vary them. This is usually because their financial position has deteriorated over the intervening years or due to undisclosed assets coming to light later.”
“We are also seeing an increase in the number of people trying to enforce final orders because the other party is not complying. This is likely due to the rising cost of living and financial insecurity. For instance, where there is an order for the sale or transfer of a property, people are increasingly not complying because they cannot afford to rehouse themselves or afford a mortgage in sole name post-divorce.”
She adds: “Tax rises and sharp falls in asset values are likely to continue to weigh on peoples’ minds. We expect to see the high level of contested financial settlements continue for the foreseeable future.”
According to Nockolds, the growing complexity of the process of asset division, which increasingly involves couples with assets overseas, is also contributing to the rise in contested financial settlements.
Number of contested financial divorce settlements in the courts, 2008 to 2024
Nockolds explains that divorces involving high-net-worth individuals and cases involving complex asset portfolios, such as businesses or international properties, are increasingly leading to disputes. As high-net-worth-individuals leave the UK, in many cases this is triggering divorces and leading to disputes over settlements. During the dispute process judges look at financial disclosures and may request professional valuations of disputed assets.
Kaja Viknes says: “The exodus of high-net-worth individuals from the UK is leading to a surge in divorces which involve complex asset portfolios often spanning multiple countries. If one spouse wants to move while the other does not, that can be the trigger for the divorce.”
“We are increasingly seeing cultural issues come to the fore as UK divorce law, which tends to favour the financially weaker party, often isn’t the cultural norm elsewhere. Someone is likely to be less willing to agree to a settlement if the divorce law in their home country would favour a different division of assets.”
