Family Court delays and cancellations – what are my options?

The Family Court in London handles cases about money after divorce and decisions about children, including whether they should stay with their families or go into care. These cases about children are always given priority – and rightly so – because delays can seriously affect a child’s well-being.

However, this focus on children’s cases, combined with reduced court funding, means that financial cases (about dividing assets or money after divorce) are often delayed or removed from the court schedule.

Recently, the head of the Family Court system has told lawyers that financial cases are taking up too much court time. There aren’t enough judges to hear all the cases. This means that some hearings will be cancelled or moved – often at the last minute. This causes not only financial stress for people involved, but also emotional strain, especially when they’ve been preparing for a court date that suddenly changes.

So, what can you do if this happens to you – or if you want to avoid the court delays altogether?

Many financial issues can be resolved outside of the court system, either through private processes or arbitration. You can switch to these options at any time during your case. They allow you to keep things moving, even if the court is delayed. Depending on whether you want a final decision or prefer to reach an agreement with the other party, you have a few main options:

Arbitration

This is like a private version of going to court. We choose a qualified arbitrator (similar to a judge) to decide your case. The hearing can be held in our offices or another agreed location. The main benefits are that you choose the time and place, your hearing won’t be cancelled last minute, and the arbitrator will have a full understanding of your case.  The arbitrator’s decision is legally binding and turned into a court order.

Private settlement hearing (Private FDR)

This is similar to a negotiation hearing in court, where a judge gives an idea of what the final outcome might be, helping both sides move toward a settlement. In a private FDR, this process happens in a more relaxed and private setting – such as our office – and a senior lawyer (not a judge) gives that guidance. Unlike in court, where judges often handle several cases at once, your case gets full attention for the whole day and the appointed judge will have a complete understanding of your case. If a settlement is reached, it is turned into a court order.

Hybrid mediation

In this option, both sides work with a trained family mediator to try to reach an agreement. You also have your lawyers present to give advice during the process. This makes it easier to deal with tricky points and avoids the need to stop and get legal advice separately. It’s a good way to find common ground with professional support and you are often able to resolve outstanding issues in one day.

We have a lot of experience helping clients reach financial agreements through all of these options. We regularly work with top barristers and use them as arbitrators or private judges. In our experience, people are more likely to settle in these private settings than in court – partly because the environment is less stressful and more flexible.

How we can help

If you’re worried about delays in your court case, want to avoid court altogether, or would like to know more about your options, please contact our family team.