The Future of Divorce: Key Trends, Landmark Cases & The Rise of Non Court Dispute Resolution

Date: 22 Jan 2025

Karen Jones

Family law has lost a contingent of Russian clients, so Citywealth wondered if it had become a less prosperous and less “exciting” area of the law. Our contributors confirm the opposite.

Landmark Cases: The Impact of Standish v Standish

Family law has lost a contingent of Russian clients, so Citywealth wondered if it had become a less “exciting” area of the law. Our contributors confirm the opposite. It continues to evolve, with divorce remaining a significant aspect of legal practice. However, there is a growing shift towards Alternative Dispute Resolution (ADR) and Non-Court Dispute Resolution (NCDR) as preferable alternatives to court litigation. Key legal issues include the distinction between marital and non-marital assets, highlighted in landmark cases like Standish v Standish, and the increasing complexity of financial settlements involving high-net-worth individuals (UHNWIs).

The Rise of Private Financial Dispute Resolution (FDR)

London remains a global hub for divorce cases, attracting jurisdictional disputes and financial relief claims following foreign divorces. Additionally, emerging trends such as crypto assets, surrogacy, and coercive control in financial settlements reflect the changing landscape of family law. With recent legal reforms expanding ADR options and high-profile cases shaping asset division principles, the field remains dynamic and continues to adapt to modern societal and financial complexities.

Fiona Hay, Family Law Barrister, Harcourt Chambers, “Divorce appears to be as prevalent as ever, but parties are increasingly finding that resolution outside the courts can be preferable to resolution within. The distinction between marital and non-marital assets has been critical since the historic landmark decision of White in 2000 and continues with Standish. Prior to White the courts assessed awards made to non-breadwinners (usually wives) on the basis of their “reasonable requirements.” Since 2000 the issue of the definition of marital or non-marital assets has been considered by the courts in many cases. Standish is such a case although it dealt primarily with the issue of “matrimonialisation” – can an asset that is initially non-marital become marital by the way it is utilised over the relationship. Clarification of assets has been a critical issue for the last quarter century with the courts refining and developing the basis of the distinction.”

Hay continues, “The Private Financial Dispute Resolution is a form of Alternative Dispute Resolution in which the parties take their case to a private judge for a neutral indication as to the merits of their cases. These judges cannot make a finding about marital or non-marital assets but can express a broad view about the merits of a case and can encourage the parties to compromise on the basis that all litigation carries risk and argument about the marital nature of property can be expensive to litigate with the outcome hard to predict.”

Renato Labi, Partner at Hughes Fowler Carruthers since 2005 and who for many years was a trustee and Chair of Poet in the City, a venture philanthropy charity, adds his expertise on the topic, “The world of divorce never stands still. When one source of work dries up as with the wealthy Russians, others expand. We have had work with pre-nups and post-nups, US and Asian UHNW’s. In 2024 the Supreme Court criticised the procedure for financial claims following a foreign divorce, but these claims are still making their expensive way through the family courts.  And the Supreme Court – which rarely considers family cases – will be in action again, this time on Standish, a sorry tale of wealth planning gone wrong.”

Labi, who is speaking on trusts in divorce at the Citywealth Forum on the 13th May, adds, “All of this is grist for the lawyers’ mill, and London remains a sought-after jurisdiction for big money divorces. Other matters to look out for include the extent to which a party’s abusive conduct should be penalised monetarily. It was once thought that this was a very high bar but with the growing awareness of coercive and controlling behaviour it is a global hot topic. An interesting year awaits.”

David Allison, Director at Family Law in Partnership and who is Secretary to the Executive Committee of the International Academy of Family Lawyers continues, “I agree, London remains the divorce capital of the world with the spouses of the super-rich doing everything in their power to have their divorce in England.  The ever-increasing mobility of the rich means that jurisdiction fights and claims for financial relief after an overseas divorce are increasingly commonplace.  Such issues are often not suitable for NCDR and are very likely to occupy an increasing amount of court time, ensuring at least a little excitement.”

Allison adds, “The push for NCDR (Non-Court Dispute Resolution) may come from a desire by the government to relieve pressure on the courts but, for those cases that are suitable and can be resolved out of court, it must be right that there is every incentive for the parties to resolve their issues in a better way. This is not to say that family law is less exciting (and expensive) for people who chose to, or have no option but to, litigate.   The headline grabbing cases have never been ones that were likely to be resolved through NCDR.  They often involve at least one party who has behaved in a way that the Court disapproves of, whether by attempting to hide assets, failing to meet their obligations or through courting publicity.  Those cases, where urgent or protective measures are needed, are almost certainly going to continue to be resolved in court.”

James Pirrie, Director, family lawyer, accredited mediator and arbitrator also at Family Law in Partnership adds his comments, “Each year perhaps 100,000 couples find themselves divorcing in England and Wales.  Of these perhaps only 1200 end up with a Judge made decision around their finances.  This 1% of cases, where former spouses are unable to make decisions as to what is for the best. It is just the tip of the iceberg. NCDR processes will see couples bringing flair and creativity to the end of the marriage and start of the next chapter.  The April 2024 reforms, which saw NCDR widened to include but not limited to mediation, arbitration and a collaborative approach, are now nearly a year in and provide couples with every encouragement to embrace the opportunity of finding solutions that provide better for everyone in the family.  This is an exciting development for families who are involved in family law proceedings.”

Non traditional family units

Hannah Field, partner in the family team at Russell-Cooke makes an interesting point about non married couples. “Divorce remains prevalent, with the past 12 months proving particularly busy. But beyond divorce, the breakdown of relationships among unmarried couples presents a significant challenge, and are often more complex and costly. While married couple families are still the most common family type in the UK, marriages overall have been on the decline for decades. Non-traditional family units, such as cohabiting couples, are becoming more common, particularly among the younger generation – and hopefully, we will see meaningful changes in the law in this area to offer more protection to unmarried couples.”

Georgina Hamblin, Founding Partner, Hamblin Family Law confirms that business is brisk for her and adds her thoughts, “The increasing number of high value and often international cases coming through our doors can be put down to different factors. The first is that the recent budget is making very wealthy couples who were on the cusp of considering divorce, press the button sooner than they otherwise might have. This is because the financially weaker party on divorce is likely to get a larger award here than anywhere else. So, when faced with the decision to move abroad for tax reasons, that party is going to want to deal with the finances connected with their divorce here first before they lose jurisdiction.”

Hamblin continues, “The second is that the prevalence of private FDRs and other ADR does not mean that less people are getting divorced, or that there is less work to be done by lawyers who are busy in the background or preparing for a private FDR hearing. By contrast, it means that clients need substantive advice on likely outcome, and offers to be made, much more quickly. As cases in the private arena move much more quickly. So, whilst it feels wrong to describe the often very emotional process of divorce as “exciting”, this shortening of the life cycle of cases certainly makes our work more labour intensive from the off.”

The thorny topic of fees

On the sometimes thorny topic of fees, she adds, “The birth of several new much more nimble and modern specialist family firms in the last five years has driven divorce costs down, as clients wise up to the options available to them. I believe that we are the first specialist family boutique to guarantee to offer fixed fees to every client that wants one. But there is certainly a drive from family lawyers to address the regular criticism we have faced from the judiciary over the monumental fees paid in so many reported cases over the last twenty years.”

Philip Marshall KC, barrister at 1KBW and who is Honorary Life Vice President and past chairman of the Family Law Bar Association adds his view on the topical Standish decision, “With the effective demise of concepts like ‘exceptional contribution’ clients and their lawyers continue to seek ways to justify a departure from equal sharing. In Standish the Court of Appeal comprehensively confirmed that the source of an asset can justify such a departure. Subject to arguments about needs, potentially this can make a huge difference to the outcome. In Standish this resulted in a difference of about £25m that the wife was ordered to repay to the husband. Whether the Supreme Court is prepared to intervene or to reverse conventional thinking remains to be seen.”

Modern Family Law: Emerging Issues and Challenges

Emma Nash, Partner at Raydens Solicitors and who is also a Citywealth recommended individual, shares her thoughts on divorce stress, mental health and the connection with the wider economy, “The practice of family law can be impacted by everything from local elections, world affairs, advances in technology or changes in societal values.  No fault divorce, same sex marriage, Russia’s invasion of Ukraine, the Covid19 pandemic, VAT on private school fees, difficulties accessing teacher’s pension information and the emergence of crypto currencies and NFTs are just a few of the issues that family lawyers have had to grapple with in recent years.  The dynamic and unpredictable nature of life means that family law will continue to be an evolving area of practice. What is really exciting is not so much the challenge of keeping up with these issues but the changes in how we are resolving them.  The move away from litigation is not just a reaction to the backlog in the Family Court but the recognition that there is a better way of doing this, one which results in better outcomes for clients and their families.  Non-Court Dispute Resolution or NCDR, rather than being the ‘alternative’, is becoming the standard way to assist families in resolving their legal issues efficiently, respectfully and privately. Whether it is mediation, a round table meeting, arbitration or a private FDR the benefits are significant and can include a reduction in stress, time and costs.”

Surrogacy, Crypto Assets, and Other New Legal Frontiers

Alice Mantle, Managing Associate at Mishcon de Reya picks up the multiple themes already discussed and adds domestic abuse, “While many marriages continue to end in divorce, the approach to resolving arrangements for children and financial matters continues to develop. Furthermore, the role of today’s family lawyer is ever evolving, whether that be with the prevalence of crypto assets or the developments in modern family building.  In April 2024, the Family Procedure Rules were updated to encourage, and enhance the pressure on, parties to attempt Non-Court Dispute Resolution (NCDR), formerly commonly known as Alternative Dispute Resolution (ADR). The rule change was motivated both by the belief that it is better for the parties to reach their own decisions (early on) than to have one imposed upon them by a court after protracted proceedings, and by the increasingly overburdened court system which, rightly, prioritises cases involving serious risks to child(ren), but in which it is not unheard of for parties and their legal teams to turn up to court for a long-awaited hearing only to be told that there is no judge available.” 

Mantle says, “Resolving disputes through NCDR is, without doubt, better in the majority of cases, and there are many NCDR routes to choose from. We have long been encouraging mediation, Private Financial Dispute Resolution appointments (FDRs) and arbitration. Some of my colleagues at Mishcon de Reya are trained mediators and I cannot remember the last court FDR I attended in contrast to Private FDRs, which are the new normal (principally because they allow parties to jointly choose their judge, who they can be assured will have sufficient time to thoroughly read into even the most complex cases). However, there remain many cases (a significant minority perhaps) in which NCDR is not appropriate, possibly because there is domestic abuse albeit this does not in all cases preclude NCDR or because one party simply won’t negotiate properly. In such cases, the courts still have a vital role in delivering justice.”

The Growing Role of Arbitration in Family Law

Continuing Mantle explains, “Arbitration is slowly gaining ground, though it has not reached the popularity of mediation and Private FDRs. Whilst arbitration is a form of NCDR, and it certainly relieves the burden on the court system, it is categorically different to mediation and other forms of NCDR in that it still imposes a binding decision on the parties rather than facilitating them reaching a consensual settlement. Arbitration has considerable advantages, particularly in terms of efficiency but also in terms of privacy, convenience and being able to jointly select an appropriate expert arbitrator. With prompt disclosure, a financial dispute that could take over a year in the court system could be arbitrated within a few months. Not only does this reduce the stress involved, but the costs of the arbitrator’s fees also often pale in comparison to the costs of additional months of court litigation.”

Disentangling families in a relationship breakdown

Mantle adds, “The role of today’s family lawyer is ever evolving. So much of my work involves disentangling families on a relationship breakdown, but I also love the family building aspect, most often through obtaining Parental Orders following surrogacy arrangements. Most of our surrogacy clients choose international journeys, often in the US. Whilst law reform in this jurisdiction is long-overdue, and the Law Commission’s recommended legislative changes are not yet being implemented, the global landscape for surrogacy is ever-changing. Many countries have built up extensive surrogacy industries but fears of exploitation, or other concerns, then lead them to close to foreign nationals. Other popular surrogacy destinations, such as Ukraine, are impacted by war. In summary, the path many family cases take is changing but the job of a family lawyer is certainly not becoming less exciting.” 

Pet-Nuptial Agreements: Addressing the Legal Status of Pets in Divorce

London Bridge based Estella Newbold-Brown, Partner, Amphlett Lissimore adds a unique view on a topic that is close to a lot of British hearts, “Divorce rates remain as significant as ever, as evidenced by the ongoing backlog in our courts. Pet-nups (pet-nuptial agreements) are a hot topic currently, as the law still classifies pets as chattels—treating them in the same category as objects like paintings, chairs, or cars. A pet-nup is a legal agreement that defines ownership, care, and financial responsibilities for a pet in the event of a relationship breakdown. It aims to prevent disputes by outlining clear arrangements for the pet’s welfare and custody.”

Newbold-Brown continues, “This growing recognition of pets’ significance seems to be resonating with the judiciary, as recent cases involving TV personalities (Ant McPartlin & Lisa Armstrong and Eamonn Holmes & Ruth Langsford) have demonstrated greater consideration for animals in legal disputes. Alternative Dispute Resolution (ADR) also plays a significant role in these legal cases as ADR cases are not typically reported in the same way that court judgments are, primarily because arbitration is a private process.  It is a more discreet way of high profile and high net worth individuals reaching an agreement over all aspects of their divorce or dissolution.”

Newbold-Brown changes topic for her final comment, “Family law firms and chambers have also witnessed a substantial rise in private mediation, private Financial Dispute Resolutions (FDRs), and arbitration, all of which highlight the growing emphasis on ADR departments and services. Contrary to the perception that family law has lost its dynamism, the evolution of these alternative approaches demonstrates that the field is as vibrant and relevant as ever.”

Away from the prying eyes of journalists

Charles Hale KC, Barrister, Arbitrator for finance and children and Joint Head of Chambers at 4pb shares his view on modern day family law, “Some are married, some cohabit (either way) some have separation thrust upon them. Whether or not the rate of divorce goes up or down this year, disputes about matrimonial and non matrimonial property and rights to contact with children will continue unabated in 2025. How they’ll be adjudicated is really the question. The courts are at breaking point and cannot cope.  Those who can afford private access to family justice are now taking up that opportunity in spades.”   

Hale, who is speaking at the Citywealth Forum on the 13th May on the topic of trusts and divorce, adds, “Arbitration, early neutral valuation, private financial dispute hearings are all now the order of the day and 2025, I predict, is likely to be the year when family arbitration really takes off.   And why not,  when one considers the benefits not just of getting a quick decision and moving on with life, but one that remains private and confidential  away from the prying eyes of journalists who are now more welcome than ever in the family courts. There are still plenty of HNW clients in the private client world who do not yet know the real pros of the private family justice system (yes it is binding, yes its enforceable and yes its confidential).  That’s going to change.”

British expats across the UAE and Europe

Cara Lahnstein, family solicitor, Levison Meltzer Piggott contributes her thoughts, “While the absence of some high-profile Russian divorces may reduce some of the media spectacle, family law remains as exciting and complex as ever. The burgeoning communities of British expats across the UAE and Europe continue to present unique challenges and opportunities for family law practitioners. A major current concern is the difficulty of speedy access into the court arena. In consequence, the growing role of ADR (mediation, private FDRs, arbitration) highlights how family law is adapting, offering faster and more often cost-effective solutions in response to judicial backlogs. Although divorce remains prevalent, societal trends such as cohabitation, the rise of prenuptial agreements, and shifting attitudes toward marriage and family planning are reshaping the landscape. In consequence, the powers that be are considering the following issues in various fora: Whether to modify or supplant the discretionary elements of the 1973 Matrimonial Causes Act by seeking greater codification in the resolution of financial dispute; Whether and how to give greater rights to cohabiting couples and whether, and if so to what extent, to solidify the importance of pre- and post-nuptial contracts. Whatever the outcome it will make for much change.”

James Stewart, Partner, International Family Lawyer and Arbitrator and Co-Head of the Private Wealth Group at law firm Penningtons Manches Cooper and who is also general editor of a publication called the Blue Book who works closely with leading family lawyers from 62 jurisdictions, says, “First and foremost, family law continues to become much more international. Over the last decade, there has been a steady rise in the number of transnational relationships and the international relocation of children. All family law practitioners operating in this brave new world, where international cases have increasingly become the norm, need to understand the complexities involved when dealing with modern day cross-jurisdictional cases.”

Increased Workload Due to Autumn Budget Changes

Stewart continues, “In terms of workload, the Autumn budget and the fundamental changes to the current non-dom rules, has resulted in a large influx of work for family lawyers as well as private client lawyers. A significant number of my referrals come from single family offices and private wealth professionals. Most wealthy families based in the UK, have at the very least, reviewed the structure of the family’s holdings post-budget.”

The Rise in Pre- and Post-Nuptial Agreement Reviews

“This has led to a situation where many pre and post nuptial agreements are being actively reviewed. Family members who are relocating to other jurisdictions also need to ensure that the existing agreements are internationalised, this often requires additional foreign agreement. To this end, we have noticed a very significant increase in Anglo-US work, both in terms of marital agreements and the international relocation of children.”

Stewart takes a moment to share information about his team at Penningtons Manches Cooper. “Most major family practices in London have experienced a growing demand for various form out of court dispute resolution over the last year. In an effort to fully embrace this trend, a number of my colleagues are now mediating complex high net worth cases. Our notable mediation practitioners include our Surrey based colleagues, Veronica Gilmour and Joanna Blakelock. In London, the leading HNW mediator, Tom Amlot former managing partner of AFP Bloom family law who has joined a strong team of mediators which also includes Matilda Kingham, Lucy Clark, and Tammy Knox.”

Stewart continues, “Turning to the use of ADR in the international HNW space, in an effort to avoid the delays and other inefficiencies which have blighted financial remedy applications (and indeed Part III applications – application for financial relief after foreign divorce), for many years, we are turning towards arbitration and even more commonly, private financial dispute resolution hearings.”

Growth in Anglo-US Family Law Cases

“Whilst the war in Ukraine, and subsequent sanctions and the like, have certainly diminished the number of Anglo-Russian cases, any gap created by the loss of such work has been replaced. As indicated above, the number of Anglo-US cases has grown to the extent that we have established a US desk in our family team. Furthermore, my largest non-US cases over the last year have involved an increasing amount of work from the middle east, south-east Asia, and west Africa.”

Expanding Global Reach: Work in Asia, Africa, and the Middle East

“Contrary to what some our saying, there are still plenty of divorces involving parties with “headline grabbing wealth”. Worldwide, the number of billionaires has grown enormously over the last decade, with tech entrepreneurs being at the very forefront. The majority of this group are internationally mobile and many of them have connections with England. Rather than mourning the loss of Russian work, I like many, international family lawyers am successfully exploring other opportunities in Asia and in Africa, as well as the middle east.” The Blue Book, which I continue to oversee, deliberately includes all major Asian jurisdictions.”

The Impact of Brexit on Family Law and Divorce Recognition

Stewart adds a final point tricky point from Brexit, “Brexit does of course continue to give rise to complexities, particularly in relation to enforcement of judgments within the EU. Whilst a lot has been written in relation to enforcement difficulties, problems have also arisen in relation to other areas, including the recognition of English divorces. I spend a lot of time in Greece and have a significant Greek client base. Serious problems now arise when a Greek national divorced in England wants to re-marry in Greece. Up until the end of the Brexit transition period, all that was required was a simple certificate which was easily and quickly obtained. Post-Brexit, this process is not available, and the recognition of an English divorce is now a matter for the Greek courts. An application is required, and the process can take some time.”

Fiona Turner, Partner at Weightmans who has thirty years of experience in family law and is based in Manchester, shares her expert view on the court case of the day, “Standish v Standish in the Supreme Court 2025 promises to bring to a close the long-running saga of Mr and Mrs Standish’s divorce. In May 2024, the Court of Appeal case of Standish v Standish [2024] demonstrated how wealth planning during the marriage risked a significantly higher settlement for the other spouse than might otherwise be the case. The case is on its way to the Supreme Court, with permission to appeal granted to the wife in October 2024. How the story ends remain to be seen, but whatever the outcome, the main lesson to be learned must be this: look at your financial situation in the round with advice from across the spectrum – including tax advisors, private client advisors and family law advisors. Failure to do so could cost you dearly.”

Conclusion: Family Law’s Dynamic and Expanding Future

Family law is undergoing significant transformation, driven by evolving legal principles, financial complexities, and societal changes. The increasing emphasis on Alternative Dispute Resolution (ADR) and Non-Court Dispute Resolution (NCDR) reflects a broader shift towards efficiency, cost reduction, and privacy in divorce proceedings. High-profile cases like Standish v Standish continue to shape the distinction between marital and non-marital assets, while London remains a key jurisdiction for high-net-worth divorces. At the same time, emerging issues such as crypto assets, coercive control in financial settlements, and pet-nuptial agreements highlight the ever-expanding scope of family law. As legal professionals adapt to these changes, the balance between litigation and alternative resolution methods will remain central to ensuring fair and effective outcomes for families navigating separation and financial disputes. And as to whether family law remains prosperous and an exciting headline grabbing area, I think, we can all agree, the answer is yes.

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