Good And Bad Delays On Divorce


Taking your time is fine. It isn’t a delay itself which is a problem, it’s being stuck in prolonged conflict which causes harm.

It is enshrined in the Children Act at section 1(2) that delay in resolving a dispute about a child is likely to prejudice their welfare.

This stems from the fact that Family judges and academics recognise that it is emotionally harmful for children if their parents are in prolonged periods of conflict with each other.

The court process itself can cause a significant amount of delay, which often exacerbates the issues as parents are locked in conflict for many months, and sometimes years.

But delay isn’t always bad. If you aren’t in court proceedings, but are taking your time to explore what is right for your children, and working together to achieve that common aim, that is absolutely fine. Delay is only a problem for your children (and for you) when you are all entrenched in conflict and uncertainty.


If you have more questions about this topic or any other legal issues arising on divorce or separation, please do get in touch as we are always happy to help. You can call us on 0203 488 4475 or email contact@thedivorcesurgery.co.uk.


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