What is the non-traditional new method of divorce in the UK?

Published on January 22, 2025 | Published By: shahid | In Divorce , Interesting Facts

Divorce process is undergoing a change in the UK especially in the elite community. The wealthy couples now prefer a non-traditional new method of divorce. These are out of the court divorces using private agencies.

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The traditional method of divorce

In traditional divorce process, the grieving parties approach the designated courts to preside over and grant them divorce. The same procedure was also followed in the UK.

But due to the rising rate of divorces, including gray divorces and options to seek no-fault divorce, the English courts are overburdened with cases. Therefore, grant of divorce gets delayed and it might be years before the estranged couple gets the legal stamp on their divorce.

This might affect the couple and their children mentally. Moreover, it might also affect the chances of the partners to move on in life and form new romantic alliances.

In order to circumvent this tedious court divorces, people are now opting for non-traditional new method of divorce. What is it?

The non-traditional new method of divorce in the UK

Divorce rates in the UK are high. London is considered the divorce capital of the world. This has put pressure on the courts hearing these cases and settling them. There are a lot of pending cases to be settled and delays are a matter of concern.

Hence, now the wealthy in the UK are going for out of court arbitration rather than following the traditional court route for it.

After having private schools and private hospitals for education and healthcare respectively, the rich now also have the option to go for a private divorce.

In this, the couple appoints a mutually agreed arbitrator. They also have their own lawyers to fight their case. The payment of their attorneys and arbitrator is made by the couple. Hence, it is expensive and all cannot afford it. Budget may run into hundreds of millions of pounds.

The place is a private one and the presiding person is a senior barrister or a retired judge. However, the process is more smooth and streamlined. And the verdict is binding on both parties.

Solicitor Rebecca Cockcroft, who is a partner at Fladgate says:

“It’s coming up more and more because the court system is completely overburdened,”

From 1st January 2024 to mid-December 2024, there were 130 cases of arbitration of divorce in the UK compared to 89 in whole of 2023, as per the data from Institute of Family Law Arbitrators.

Barrister James Roberts KC, who chairs the Family Law Bar Association feels that though arbitration is only 1% of divorce cases, this will increase because court too has requested couples to opt for it first.

Advantages of the new approach to divorce

This new route to divorce has the advantages that you can choose your own arbitrator unlike in the government run courts where the judge may not be of your choice.

Moreover, cases can be settled faster and emotional turmoil is lesser for the separating partners.

Barrister James explains:

“If you issue a financial application, then it’s a good four months . . . for your first appointment,”

He adds that after that for negotiation another few months are gone and the final hearing may be several more months away. This, traditional route divorces takes around two years whereas in the new approach, six months suffice.

These cases cannot be pried upon and hence privacy of clients is preserved.

Also, read Richard Hammond files for divorce from his wife, Amanda!

Additionally, though the clients pay for arbitrator as well, due to the speedy process, the ultimate cost turns out to be less.

Yet, only the rich choose it because the new approach is still unknown and unfamiliar to many. Also, it lacks the majestic aura that characterizes the old system.

The arbitrators also like the new system due to less stress on them. They have time to prepare for their cases and feel that it is an improved approach.

The justice ministry of the UK is also in favor of the new approach as it avoids the tedious, time-consuming and costly court battles.

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