Trends in Family Cases and more for 2025

With the new year ahead of us, here is the low down on some interesting trends that shaped Divorce and Child Arrangement disputes in 2024 and what issues are likely to gain momentum in 2025.

Undisclosed assets in Divorce

In divorce, both spouses have a duty to provide each other with full and frank financial disclosure of their financial resources. They should disclose all sources of income, capital and liabilities. They may need to value property, businesses, or obtain pension advice. They will then be in a far better position to see how they can divide up the matrimonial assets to hopefully achieve a fair and reasonable outcome between them.  

The disclosure process is done by exchanging a financial statement (Form E). It is signed with a statement of truth and has a warning that ‘proceedings for contempt of court may be brought against a person who makes or causes to be made, a false statement in a document verified by a statement of truth’. 

This is serious stuff, yet we had many cases where we uncovered non-disclosed assets well after the exchange of Forms E. In some cases, this amounted to significant sums of money! The usual excuse is the asset was ‘overlooked’, which is more unbelievable the higher the value is. Typical non-disclosure tends to be:

• Bank accounts (domestic and offshore), especially in joint names with third parties
• Assets held by other people for them, particularly family members
• Investments
• Businesses
• Property and land
• Cash in hand income

Steps can be taken to help flush out non-disclosure, for example, Companies House searches and in one matter last year a land registry search which revealed the existence of additional properties worth millions. It is extremely important to carefully consider the disclosure and what may be misled or missing.

Silver Separations Among Older HNW Individuals

We’ve observed a noticeable rise in divorces among couples in their late 50s and early 60s. This is in line with the Office for National Statistics report of over 60’s being the fastest growing divorce group in the UK. 

The reasons? The most important appears to be spouses having less tolerance to persistent unpleasant behaviour in these later years, coupled with approaching retirement and not wanting to spend their remaining golden years in an unhappy relationship.

These divorces often involve longer marriage durations, higher-value asset portfolios, substantial pension funds, and inherited assets—frequently sparking disputes over whether such assets qualify as ‘non-matrimonial’ and should remain excluded from division.

Divorce at this stage often requires major adjustments, from downsizing homes to reevaluating retirement plans and budgeting for single living. These divorces often focus on asset protection and ensuring that retirement plans and legacy wealth are properly protected. Divorce at an older age can complicate inheritance plans and estate management, with potential implications for children, grandchildren, and family businesses.

Covert Recordings and Digital Surveillance

We are witnessing a marked rise in cases involving covert recordings by one party, often without the other’s knowledge. These recordings frequently captured using mobile phones, and sometimes doorbell cameras, range from isolated incidents to hundreds of premeditated recordings made over many years prior to separation. At the more extreme end, such recordings are often aimed at documenting alleged domestic abuse, later presented as evidence, particularly in child arrangement disputes.

However, those engaging in covert recording risk being accused of underhanded behavior or, in some cases, of engineering or provoking incidents to strengthen their claims. This can blur the lines of accountability and may itself be deemed a form of domestic abuse.

With the growing ease of recording on mobile devices, we anticipate a further rise in such cases in 2025. Handling these matters requires a meticulous approach, particularly with regard to the Family Justice Council's draft guidance on the use of covert recordings in family law proceedings involving children.

As we look ahead to 2025, it’s clear that divorce and child arrangement disputes will continue to evolve in response to emerging challenges. The rise in undisclosed assets, silver separations, and covert recordings all point to an increasingly complex landscape. For anyone navigating these issues, it’s essential to be well-informed and prepared for the potential complexities that may arise.

If you're facing a divorce or child arrangement dispute, it’s crucial to have expert guidance to help you manage these sensitive issues effectively. Our team is here to provide clear, strategic advice to ensure you protect your interests and move forward with confidence. Contact us today to discuss how we can support you in addressing these evolving trends in family law.

Ranked as one of the UK’s leading law firms for family law by the Legal 500 and retaining the highest rank in Chambers & Partners, Freeths’ highly experienced team provides a wide breath of services both nationally and internationally.