What’s new in divorce law – and why it matters to you

Divorce law never stands still for long and while some changes make life easier, others leave people wondering what it all means.

If you’re going through a separation, advising a friend, or simply keeping your professional knowledge sharp, here’s a quick round-up of what’s been happening in the divorce world and how it may affect divorcing couples and their nearest and dearest.

Why divorce law still feels unpredictable

Divorce law is famously discretionary. It’s often said that if 10 judges were handed the same case, you’d get 11 different outcomes.

For clients, that unpredictability can feel deeply frustrating. For lawyers, it creates space for argument. And for everyone involved, it often leads to more stress and higher costs.

Although the Matrimonial Causes Act 1973 remains largely untouched, the landscape around it is shifting. Here’s a round-up of the recent changes and what’s on the horizon.

Key updates and upcoming changes

— No-fault divorce (April 2022)
Couples no longer need to assign blame in order to divorce. The process can now be started online, which has certainly simplified the legal side of ending a marriage. But — and it’s a big but — resolving the finances and children arrangements remain as complex as ever.

— Push towards non-court solutions (Feb 2024)
New rules now encourage separating couples to settle disputes outside of court. Those who refuse to engage in mediation or other options risk being ordered to pay the other party’s legal costs.

— Law commission review (Dec 2024)
The Law Commission published a paper stating that the current system doesn’t offer couples a clear or fair framework.

• Among its recommendations: Introduce qualifying pre- and post-nuptial agreements

• But not at the expense of meeting the basic financial needs of either party or any children

— Fast-track divorce pilot (Feb 2025)
The courts have started trialling a quicker process for divorces involving assets under £250,000 – a welcome move for those whose finances aren’t complex, but still need clarity and speed.

— Video hearings now the norm
Remote hearings are becoming increasingly standard, except in high-value or especially complicated cases. For many, this change makes the process more accessible… and less intimidating. A Rise in Later-Life Divorce According to the Office for National Statistics, the over-60s are now the fastest-growing group divorcing in the UK and with property, pensions and investments accumulated over decades, these splits can carry significant financial implications.

— Cohabitation: still no clear rights (yet)
Despite ongoing discussion, there’s still no formal legal protection for cohabiting couples in England and Wales. While reform has been debated for years, no changes are expected this year.

Divorce remains emotionally and legally complex, but the legal system is evolving. While the fundamentals haven’t shifted much, these updates reflect a growing recognition that the process needs to be fairer, faster, and more accessible.

About us

We are a team of 5 experienced lawyers but, what makes us different to a firm of solicitors, is that we are acting as divorce consultants. We help people navigate the legal maze and stop them making expensive mistakes. We use our experience of the divorce process to find solutions to lower the temperature and save money.

If the above resonates or you know someone who may benefit from speaking to us, please do contact me. We don’t charge for an initial consultation.

A sea change in the divorce world? The divorce landscape is changing for the better

Since 2007, we have been at the forefront of making divorce less painful and more cost-effective. Now, a significant shift in the legal landscape is aligning with our long-standing mission.

New family procedure rules: a game changer

The introduction of new Family Procedure Rules in 2024 marks a turning point in divorce proceedings. These rules strongly promote Non-Court Dispute Resolution (NCDR) methods, including:

• Mediation

• Collaborative law

• Arbitration

• Neutral evaluation

Key changes and their impact

• Mandatory NCDR Consideration: Courts can now require parties to report their views on using NCDR methods.

• Flexible Proceedings: Judges can adjourn cases to allow for NCDR processes.

• Financial Incentives: Courts can penalise parties who refuse to engage in NCDR, by making them responsible for the other party’s legal fees.

The benefits of NCDR. NCDR is intended to:

• Reduce emotional stress

• Lower costs

• Provide faster resolutions and

• Provide better outcomes for all concerned

In summary, the Courts can now direct that the parties set out their views on using NCDR, and Judges can adjourn proceedings to allow NCDR to take place.

Also, contrary to the usual position (where parties are responsible for their own legal fees), as a further incentive to engage in NCDR, the Courts can penalise parties who refuse to or prevaricate in trying to resolve matters by NCDR, by making them responsible for the other party’s legal fees.

These measures, which we welcome and which are now beginning to permeate the divorce world, are partly an acknowledgement that for far too long the adversarial nature of divorce has been extremely expensive and damaging to the parties and their children.

It is also a response to funding cuts which have resulted in the courts being overwhelmed by the number of cases they are required to deal with. NCDR will hopefully result in more cases being settled without ending up in court.

Our approach: comprehensive divorce consultation

At our consultancy, we believe in exploring all options before proceeding with divorce:

1. Marriage Preservation: We encourage couples to consider counselling if there’s a desire to save the marriage.

2. Options: If divorce is inevitable, we guide clients through the various NCDR and other processes that are available to identify the best route for them.

3. Legal Navigation: Our team of experienced lawyers act as consultants, helping clients avoid costly mistakes and find amicable solutions.

Take the first step towards a smoother divorce

We are a team of 5 experienced lawyers but, what makes us different to a firm of solicitors, is that we are acting as divorce consultants. We help people navigate the legal maze and stop them making expensive mistakes. We use our experience of the divorce process to find solutions to lower the temperature and save money.

If the above resonates or you know someone who may benefit from speaking to us, please do contact me. We don’t charge for an initial consultation.

Don’t waste money when divorcing in 2024

Over the last 15 years or so, the divorce process has changed enormously. Here are some of the key steps that can now be taken to save money on legal fees:

1. Since April 2022 and the introduction of ‘no fault divorce’, applying for divorce can be made online at the government website. The process is straightforward, and it is no longer necessary to pay a solicitor to do this.

2. The parties can also save money on legal fees by agreeing the financial settlement and children arrangements between themselves.

3. If the parties can’t agree between themselves, then the next best way to resolve matters is often through mediation. In this case a third party, a ‘mediator’ helps the parties reach agreement.

4. There are lots of mediators to choose from and the choice of mediator is very important. The parties should check the mediator’s credentials and experience. Before committing to them, the parties should individually have a conversation with the mediator to help judge that they feel comfortable with the mediator and that there is a ‘fit’.

5. To finalise and make any agreement binding (whether reached directly between the parties or in mediation), a court order is required. This is normally a rubber-stamping exercise dealt with remotely. Attendance at court is not necessary.

6. If the parties can’t reach agreement themselves or by mediation, then it is possible to save money by both parties instructing the same solicitor.

7. This is a recently introduced process called ‘one solicitor two clients’.

8. To help the parties understand the legal position, it is also possible for them to consult the same barrister. The barrister will evaluate the situation and express a view as to the likely outcome if their case were to be determined by a court. This is called a ‘neutral evaluation’.

9. If a party is going to end up in court, then they can save money by dispensing with a solicitor and just having a barrister. Not all cases or clients are suitable for this process, but it is worth considering. This is called ‘direct access’.

We are a team of 5 experienced lawyers but, what makes us different to a firm of solicitors, is that we are acting as divorce consultants. We help people navigate the legal maze and stop them making expensive mistakes. We use our experience of the divorce process to find solutions, lower the temperature and stop people wasting their money.

If you know of someone who may benefit from speaking to us, please tell them to contact me. We do not charge for an initial consultation.

How to divorce without spending a fortune on legal fees

Clients often say that they want to be reasonable in reaching a settlement and don’t want to end up in court and waste money on lawyers. They ask, ‘What is the best way to divorce?’

Obviously, the best way, is if the parties can reach agreement ‘across the kitchen table’, but not many people are able to do that.

If the ‘kitchen table’ route doesn’t work then, in our view, the next best way is mediation (where the parties appoint a third party, a mediator, to help them reach a settlement.

However, other divorce processes are also available but so often people are unaware of or not informed that there are alternatives. We mention three of those alternative processes here but please note that there are others

1.  Collaborative Law (involving round table meetings to agree matters or at least narrow the issues in dispute), or

2. An Early Neutral Evaluation (a barrister advising both parties on how the matter is likely be settled if it came to court, thereby enabling the parties to take a view on the outcome and avoid having a lengthy and costly dispute in finding that out), or

3. Direct Access (where, as mentioned in our June bulletin, you avoid the duplication and expense of having both a solicitor and a barrister and just have a barrister to advise and represent you).

We are a team of 5 experienced lawyers but, what makes us different to a firm of solicitors, is that we are acting as divorce consultants. We help people navigate the legal maze, consider the alternative processes, and stop them making expensive mistakes. We use our experience of the divorce process to look at the options and find solutions to lower the temperature and save money.

If the above resonates or you know someone who may benefit from speaking to us, please do contact me. We don’t charge for an initial consultation.

Divorce – try almost anything before turning to the courts

Separating couples should “try almost anything” before turning to the courts, the president of the Family Division has said, arguing that there has “got to be a better way”.

Sir Andrew McFarlane said that “far too many families” simply turned to the court rather than seeking “less harmful, swifter, cheaper and potentially more enduring ways of resolving their disputes”.

At Divorce Solutions we look at those better ways. We help people navigate the legal maze and stop them making expensive mistakes. We use our experience of the divorce process to find solutions to lower the temperature and save money.

If you know someone who may benefit from speaking to us, please do contact me. We don’t charge for an initial consultation.