Delays in the Family Court

As recently reported by the Law Society, the latest statistics published by HM Courts & Tribunals Service show that the Family Court continues to experience extensive delays and backlogs. This is having serious and prejudicial consequences for families involved in court proceedings such as divorce, financial remedy, children disputes and for those seeking protection from domestic abuse.

The reported figures reveal there is an unprecedented backlog of over 110,000 cases in the Family Court and that cases are taking almost 12 months to complete, on average.

One of the reasons for the delays is cuts to legal aid which has resulted in more people representing themselves in court proceedings.  Litigants in person require more time and support compared to their legally represented counterparts which, in turn, is putting an extra strain on the Family Court.  The recent pandemic has also had an effect as the Family Court tries to clear the backlog of cases.

What is being done about the delays?

Although the government has tried to drive more families towards mediation https://www.birkettlong.co.uk/site/at-home/ending-a-relationship/financial-claims-on-divorce/ as an alternative dispute resolution process and alleviate the burden on the Family Court, including the introduction of a family mediation voucher scheme last year, this has not had the desired effect.  The Family Court is still experiencing increasing numbers of new cases, including in respect of matrimonial and domestic abuse applications. 

The Divorce & Family team at Birkett Long are experiencing first-hand the long delays and backlogs in cases where parties are trying to resolve the financial and children issues arising from divorce and relationship breakdown, including in respect of financial remedy proceedings where parties are sorting out how to deal with the sharing of their property, businesses, pensions, other capital assets and income on divorce, as well as disputes between parents as to the living and contact arrangements for their children.

We are learning and we can help

Now, more than ever, it is important for families to take early legal advice soon as possible. With the benefit of legal advice, it can be possible to resolve family law disputes more quickly than through the Family Court provided both parties adopt a sensible approach. 

It is also imperative for families to fully explore the possibility of resolving their disputes away from the courtroom. There are lots of different options to consider including mediation, collaborative law, solicitor-led negotiation and arbitration for example. If both parties have a genuine desire to resolve matters amicably and sensibly, there should be no need to involve the Family Court save for the purpose of having an agreement legally recorded.

If you are contemplating a divorce or have recently separated and want advice on how to resolve the related financial and children issues, please get in touch. I offer a free 15-minute telephone call to explain how we can help. 

You can contact me on 01206 217378 or email me at shelley.cumbers@birkettlong.co.uk