Already strained Financial Remedies Court set to be stretched to its limit in 2026
The President of the Family Division, Sir Andrew McFarlane, has confirmed that the sitting days provided to the family courts will be reduced in 2026.
This decision is part of a wider judicial redistribution of resources in light of a struggling courts system that is unable to hear all the cases before it.
The reduced sitting days are likely to lead to:
- Delays to hearings
- Final Hearings being adjourned at the last minute, with wasted legal costs (which the courts have recently confirmed they will not reimburse)
- Double listed courtrooms where, on the day, one case must be adjourned so that the other can be heard
The most notable change which this has facilitated is the introduction of what is a 'Private' and 'Public' two-tier system - for those who can pay for a barrister to arbitrate their matter, the process is quick, efficient, and entirely unrecognisable compared to the delays, cancellation risks and other difficulties with the 'public' route.
This is not a 'new' problem to the Family Courts, but the decrease of sittings days will serve to exacerbate an already strained system and worsen the problem for families going through a difficult time.
We as a firm continue to strive towards Non-Court Dispute Resolution, including pFDRs, arbitration, and mediation, wherever possible, to save time and money in the long run for clients who would otherwise eat through their savings trying to resolve their financial disputes.