Court backlogs ruining lives says local firm during Good Divorce Week

Aaron Keene, Partner and the team at The Wilkes Partnership are supporting Resolution’s Good Divorce Week which is highlighting why the Government must support better advice for separating families. Exclusive research from Resolution lays bare the human suffering and cost caused by family court delays.

 

A Birmingham-based law firm is supporting Good Divorce Week (28 Nov – 2 Dec), an annual awareness campaign run by Resolution, an organisation that represents over 6500 family professionals, which helps people find a better way to divorce.

Divorces are on the increase again with the most recent statistics showing 113,000 divorces in 2021 – up nearly 10% on the previous year – and the impact on wait times is stark. On average it now takes 52 weeks to conclude divorce proceedings.

In addition, official figures show that while private children cases were down by 7% during the last year, they are taking on average six weeks longer to reach a conclusion. And estimates suggest it takes nearly two years to resolve financial matters.

That leaves many families in limbo for over a year. That has a knock-on effect on children’s schooling and family finances.

Resolution surveyed its members on the current court backlogs and found:

  • 20% said court delays caused clients to rely on benefits
  • 34% said they’d referred a client to a counsellor or therapist to help them cope with the stress of ongoing court delays
  • 90% said court backlogs were causing additional and unnecessary stress and pressure for clients

Aaron Keene, Partner at The Wilkes Partnership said: “Backlogs are wreaking havoc on local families in Birmingham and Solihull. Even couples who want to separate amicably are having their patience and their continued relationship tested to breaking point by long delays. When it comes to sorting out children arrangements and finances after divorce, the situation is even bleaker.

“Children are waiting nearly a year for the courts to determine which parent they live with, what school they go to, how much time they spend with the other parent – putting the whole family’s life on hold. This is simply unacceptable and another reason why getting early professional advice is so important for families.”

Juliet Harvey, national chair of Resolution, said: “Under-resourcing the family courts system is a false economy inflicting unnecessary pressure on the public purse and unconscionable stress on families at an already stressful time in their lives. A study of the impact of funding legal advice in Scotland found that, every £1 spent by government on legal aid in family cases saw a return of around £5 elsewhere.

“If the government were to focus more on encouraging early advice for separating couples and including information about all out-of-court options it could ease the pressure on family courts. Resolution members like Aaron Keene, Chris Allen-Jones and Jane Barclay at The Wilkes Partnership are doing their best to help families achieve better outcomes and find long-lasting resolutions.”

  • Aaron Keene

    Aaron Keene

    Partner, Family & Collaborative Lawyer

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