Relationship breakdowns hit a seven-year high this year, placing even more pressure on courts which were close to capacity before the pandemic hit.
Amanda McAlister, of McAlister Family Law, warned that huge delays in the legal system had caused costs to soar, with couples taking on more debt as a result.
“There are massive backlogs and in some cases hearings are adjourned or parties turn up to court to find a judge isn’t available – but they are still charged for work already done by lawyers.
“Costs are astronomical and can easily spiral out of control and people are getting themselves into serious debt over litigation,” she said.
A growing number of separating couples have now turned to litigation funding – essentially a third party loan which in some cases is secured against a property – to cover legal costs.
“This is helpful in the sense that it ensures both parties can have representation, not just the side with cash reserves to afford it. However, these type of loans typically charge high interest rates and therefore after the divorce people remortgage to pay off the litigation funding,” said Ms McAlister.
In the first of its kind, the Ministry of Justice began providing tax-free vouchers earlier this year to deter separating couples from lengthy court battles.
It set aside up to £1m to provide £500 tax-free vouchers to 2,000 couples to pay for mediation and avoid painful court proceedings. The scheme was such a success ministers soon doubled its funding.
But thousands of warring couples still take their cases to court, especially when children and money are involved – although few couples will be arguing over sums like those settled in the recent divorce between Princess Haya and the ruler of Dubai, which included £5m in annual holiday costs, a £13.6m jewelry bill and £39,000 for “sunken trampolines”.
Nathan Reilly, of Twenty7Tec, said: “In most normal years, we see rises in divorce-led remortgage searches happening in September as kids go back to school and in January, post-Christmas. Sadly, this year, as well as the September bump, we saw more than a 12pc rise in November.
“We expect to see more remortgaging done to separate assets between divorcing couples when a no-fault divorce becomes easier. We’d expect this to play out over the next couple of years.”