Lengthy delays and last-minute cancellations are causing disruption and emotional anguish for divorcing couples resolving their financial matters via the “broken” court system, according to a family associate at Shakespeare Martineau.
Stephanie Kyriacou, a family associate solicitor at the Sheffield-based firm, warns that existing issues are being made worse by the cost-of-living crisis. She said: “Urgent reforms to create a more efficient and accessible judicial process are needed, and that onus is on the government.”
Ministry of Justice data for 2022 shows a substantial surge in divorce applications, reaching a staggering 119,709—an 11% uptick from the preceding year. This mounting caseload has cast a grim shadow on waiting times, as divorce proceedings now take an average of 52 weeks, according to Resolution.
Stephanie said: “The broken state of our court system has been silently affecting lives for years. Excessively long waiting times and last-minute disruptions are plaguing divorcing couples seeking to resolve their financial matters through the court process, leaving them in limbo.
“Financial cases are often pushed to the back of the queue, leaving divorcing couples waiting for well over 12 months to have their financial matters determined by a judge.
“In the meantime, we strongly recommend divorcing couples explore alternative methods of dispute resolution. Mediation, arbitration and private financial dispute resolution hearings have proven to be effective alternatives to court that offer quicker, cost-effective and amicable solutions.
“There is a misconception that private financial dispute resolution hearings and arbitration are only for the rich and famous, just as pre- and post-nuptial agreements were once thought of. However, good solicitors should be advising all their clients of these alternative options to court as they could end up saving the parties thousands of pounds in wasted legal fees spent on our broken court system.”
Shakespeare Martineau provides services for families and private clients alongside its expertise in energy, education, healthcare, and more. For more information, visit the Shakespeare Martineau website.
