Fewer divorces but longer delays

According to the Family Court Quarterly Statistics for April to June 2019, published last week, 28,144 divorce petitions were made, a fall of 13%, while financial remedy cases fell 5%. Divorces take longer on average, up five weeks to 33 weeks for decree nisi and up three weeks to 58 weeks for Decree Absolute. Only 41% of care proceedings meet the 26-week target―the average time is 33 weeks.

Desmond O’Donnell, partner at Thomson Snell & Passmore, attributed the decrease in couples divorcing to ‘the uncertainty over Brexit, based on their perception that their (or their spouse’s) employment position is less secure now’.

Other reasons included ‘difficulty in selling the matrimonial home, which is often the most valuable asset’ and the fact many couples are choosing to cohabit rather than marry.

Lawyers also lamented increased delays in the family courts.

O’Donnell said cases are taking longer due to ‘various factors, including more individuals acting in person who often file incorrect paperwork, which adds to the court’s workload and delays the progress of the case; a decrease in the number of full time judges and/or an increase in the judge’s workload, all of which means it takes the court longer to process divorces or fix financial hearings’.

Deborah Jeff, partner at Seddons, said: ‘The figures reflect why frustration is being felt by court users―the court process is slowing down considerably.’

Laura Burrows, family associate at Collyer Bristow, said ‘Although the Family Court continues to move towards online divorce, it is under immense pressure. The regional divorce centres set up in 2015 are experiencing high volumes of work and staff shortages, and delays have reached unprecedented levels, impacting on divorcing couples who are unable to move on with their lives and facing increasing legal fees.’