Why Financial Remedy Disputes are On the Rise – What Separating Couples Should Be Aware Of

Although the number of divorce cases during 2025 has remained relatively stable, there has been a notable spike in contested financial remedy cases. More couples are disputing financial settlements, reflecting a change in economic pressures, complex assets, and evolving court practices.

In this blog, our family law team looks at the rising trend in financial settlement disputes, what might be causing the increase, and what separating couples should be aware of.

Why Are Financial Settlement Disputes Increasing?

There are several reasons why family law is witnessing an upward trend in contested financial remedy cases, with some of the common being:

1. Increasing economic pressures: Agreeing on an “even split” is becoming harder, as factors such as property-market volatility, uncertainty over pensions or business value, and intensifying inflation affect the assets of separating couples.
2. Complex and international assets: As highlighted in a previous article – ‘Divorce for High Net Worth Couples: Splitting Businesses, Crypto, and NFTs’ – when significant or high-value assets are at stake, divorce becomes a much more complex process. Intricacies such as overseas holdings, multifaceted trust structures, digital assets, and pre-marital assets are testing the boundaries of what is considered “matrimonial” property. Recent figures indicate settlements involving pre-marital transfers and complex wealth structures are increasingly being litigated.
3. Changing court practices and higher stakes: The Ministry of Justice Family Court Statistics (April to June 2025) shows increases in applications and disposals for financial remedy orders:

• • In October – December 2024, there were 11,023 applications (up 5% year-on-year) and 12,806 disposals (up 29%).
  • In April – June 2025, applications rose to 12,275 (up 10%) and disposals to 12,604 (up 11%) compared with the same quarter last year.

While most applications remained uncontested, nearly 3,000 were contested applications in the last quarter, between April and June 2025. Looking at figures over a whole year, despite fewer divorces, the number of contested financial remedy orders reached approximately 10,300 in 2023, the highest since 2008.

What Does This Mean for Separating Couples?

• Obtaining early, accurate, and realistic valuation assessments is crucial. Couples with wealth structures involving unstable assets and an increased likelihood of settlement disputes should obtain valuations (for business interests, pensions, properties, etc.) and engage early in settlement strategy.
• Consider alternative dispute resolution (ADR) and collaborative options. Negotiation, family law mediation, arbitration or collaborative law remain valuable, especially where asset complexity is lower. However, where asset or jurisdictional issues are significant, litigation risk is higher, and ADR methods must be factored in.
• International or high-net-worth separations demand tailored advice. High-net-worth couples, jurisdictional issues, and cross-border assets, are all matters that can have a significant impact on asset division. Pre-marital agreements, overseas trusts, non-UK domicile status and business valuation are all factors that require input from specialist professionals.
• Timescales and costs. Although courts are processing more cases, contested hearings can still take considerable time to reach a conclusion, with associated costs mounting up. Therefore, it is essential to be realistic about timescales and costs when it comes to financial settlements. At Rose & Rose, our divorce lawyers always encourage clients to explore all available options, from negotiation to mediation, before heading to court. Our team will work with you to find the most cost-effective route while protecting your interests.
• Transparency and privacy concerns. A recent development worth noting is the potential move towards greater transparency in financial remedy proceedings. Family law has traditionally been kept quite private, but procedural pilots have been exploring how these cases might become more open. If privacy is a particular concern for you, perhaps due to business interests, a public profile, or other concerns, it is worth discussing this with us early on. Our family law team has extensive experience handling complex cases and can advise on the best approach to protect your confidentiality where possible.

Related articles:

• Divorce for High Net Worth Couples: Splitting Businesses, Crypto, and NFTs
• Why the Remarriage Trap Could Be a Costly Pitfall in Divorce Proceedings
• Update on Standish v Standish and Non-Matrimonial Property in Divorce
• Outdated Fairness? Rethinking How Courts Weigh Conduct in Financial Settlements
• How are Complex Assets or Businesses Handled in a High-net-worth Divorce?
• Why a Prenuptial Agreement Could Be a Smart Choice for Your Marriage

Talk To Our Specialists

At Rose & Rose, our family law solicitors can help you secure a financial settlement that protects your legal rights and your future. We can provide guidance and support in navigating family and matrimonial legal matters, as well as the financial complexities that can arise.

It is always important and highly advisable to seek professional legal advice to ensure the best course of action for your circumstances. Talk to our specialist Family Law team via the links below.

This blog post is not intended to be taken as advice or acted upon. If you are seeking legal advice, please contact our team of solicitors.