UK Family Court Crisis: Rising Delays & the Urgent Need for Early Legal Advice

Family courts across the UK are facing a crisis of growing delays, with more than 1,000 new cases filed every working day. As the backlog increases, we support Resolution’s call for urgent action to address the strain on the system and improve outcomes for families. With the average length of family court cases rising by 36% since 2018, the need for greater funding and support for early legal advice has never been more pressing.

In line with Resolution’s Good Divorce Week, an initiative that promotes non-confrontational ways to resolve family disputes, Warner Goodman LLP is calling for increased investment in legal services for separating couples. The goal is clear: to reduce delays, help families make informed decisions, and minimise the emotional and financial toll of court battles.

A Growing Problem for Family Courts

A recent parliamentary report revealed a staggering 36% increase in the average duration of private family court cases—from 26 weeks in 2018 to 41 weeks in 2023. This rise in case length is contributing to an already overloaded system, processing over 1,000 new cases every working day. Without additional resources, these delays will only worsen, further impacting families in need of timely resolutions.

A Message from Sam Miles, Family Lawyer and Resolution Member

Sam Miles, Partner at Warner Goodman LLP and member of Resolution, a national network of family law professionals, explains: “As a member of Resolution, I am committed to helping separating couples avoid the adversarial court process whenever possible. This approach not only benefits families but is also more cost-effective.”

However, the lack of funding for early legal advice means many couples are unaware of non-confrontational options, or only discover them too late. “Family courts in Hampshire are under immense pressure, and without additional resources, delays will only worsen,” Sam continues. “I fully support Resolution’s mission and urge the government and courts to work together to find solutions that better serve families.”

Why Early Legal Advice is Essential

Resolution’s Vision for Family Justice advocates for greater investment in early legal information and advice. By providing families with guidance at the right time, we can reduce the need for lengthy court proceedings and improve outcomes for children.

Melanie Bataillard-Samuel, National Chair of Resolution, adds: “Our members are committed to helping separating couples minimise conflict. But they’re currently hampered by a perfect storm of an under-resourced court system, a lack of access to information and advice, and rising numbers of people representing themselves in court.

“I’m proud of our members’ efforts to raise awareness of these important issues during Good Divorce Week, as well as their commitment to our Code of Practice all year round. We’ll continue to make the case to government that our members cannot do this alone: we need to ensure the public has access to the right advice at the right time.”

The Impact of Legal Funding on Court Delays

Investing in early legal advice can significantly reduce court delays. It helps families make informed decisions early on, avoiding unnecessary court battles and resolving issues more quickly. By providing better access to legal services, families can navigate complex legal issues without being left to face them alone, ensuring fair and timely outcomes—especially for children caught in the middle.

Find Out More About Family Law Services

If you are facing separation or divorce, it’s crucial to have the right legal support. Warner Goodman LLP is here to guide you through the process, whether you're dealing with financial matters, child arrangements, or simply need advice on your options.

To learn more, contact us at 023 8063 9311 or email enquiries@warnergoodman.co.uk.