Divorcing couples are increasingly choosing to avoid court because of increased costs and long waiting lists for hearings, according to new analysis from family law firm Pepperells Solicitors.
Lawyers from the firm say the trend reflects a wider change in attitudes, as households navigate rising living costs, an unpredictable economic environment and growing pressure on family courts.
The firm says that for many separating couples, the emotional and financial toll of contested litigation is simply no longer viable, prompting a move toward negotiation, mediation and other non-court routes.
Stephen Orridge, Executive Director of Pepperells, said: “People are becoming far more realistic about what litigation can deliver, and what it can cost – financially and emotionally.
“When the economic landscape is volatile, most households simply cannot shoulder the uncertainty of a drawnout court battle. Reaching an agreement early can be the right choice, but it must be one that is properly informed and able to meet long-term needs.”
Practitioners are increasingly seeing couples reach financial agreements earlier in the process, often because there are fewer assets to dispute and because delays in the court system make adversarial routes unattractive.
Pepperells says this shift is not merely procedural but cultural, driven by couples wanting greater control over outcomes and a more pragmatic approach to post-divorce finances.
While uncontested agreements are rising, Pepperells warns that the complexity of financial cases has not diminished. Issues around pensions, property values and future income requirements continue to require careful assessment.
The firm says it is seeing a growing number of clients arrive after attempting to negotiate alone, often to save money, only to discover later that crucial assets have been undervalued or overlooked entirely.
David Kemshall, Executive Director and family law specialist at Pepperells, said: “We understand why people want to move quickly, but speed cannot come at the expense of accuracy.
“A consent order that is based on incomplete information can lock someone into a deeply unfair position, particularly around pensions or housing needs.
“Once these orders are approved by the court, they are extremely difficult to revisit, so getting them right the first time is vital.”
Court delays continue to be a major factor. Many couples face long waits for hearings, especially where expert evidence is required, creating uncertainty and prolonging financial instability.
Pepperells says this has led to growing interest in private dispute resolution, where a senior barrister or retired judge can determine issues more swiftly. However, the firm notes that this creates a divide between those who can afford private hearings and those who cannot.
David added: “The family court system is under real strain, and that pressure inevitably affects the decisions separating couples make.
“Non-court routes can be extremely effective, but they must still be guided by detailed legal advice, not shortcuts.”
Pepperells is encouraging separating couples to seek advice early, emphasising that a well-structured financial settlement remains essential for long-term stability.
Stephen said: “The trend toward negotiated outcomes is now well-established and is only going to continue. Our advice is straightforward: get proper guidance, understand your financial position in full, and make decisions that protect your future, not just your present.
