On Average Over A Year, Sometimes More, To Resolve Financial Remedy Court Proceedings
A committee led by HHJ Stuart Farquhar (Lead Judge of the Kent, Surrey & Sussex Financial Remedies Court (FRC)) has published its report on the Financial Remedies Courts.
The statistics on the length of time it takes cases to get through the Courts make for depressing reading. There is a call within the report for more robust data to be collated, but the 2019 (pre-pandemic) figures show:
- There were 8,136 contested cases
- Just under 30% of cases settled prior to a FDR (which is a court mandated settlement hearing)
- Approximately 50% of cases that reach FDR settle prior to a final hearing
- The average length of proceedings to the FDR was 55 weeks
- The average length of proceedings to final hearing was 84 weeks
- There are significant regional differences with cases taking between 60 and 90 weeks on average to reach final hearing depending on which region was involved- as an example the statistics show that cases are taking an average of 2 years from date of Form A to final hearing and just over 3 years in London.
Unsurprisingly, the consensus in the report is that court proceedings are taking far too long and are also too expensive. One suggestion is to create a new fast track procedure whereby low value cases (under £250,000 net assets at present) can be finalised within 6 months of filing the Form A.
For most separating couples, even 6 months is an extraordinarily long time to be in conflict. Court proceedings cause substantial emotional distress to the adults and any children involved.
Once again, Judges are urging separating couples to resolve their disputes outside the Court process.
Our experience is that many couples have no concept that Court proceedings can take so long or cost so much. It is on all of us, as professionals in this area, to signpost our clients to as many options as possible so they can choose the divorce they want, and remain in control of the process.
You can read the full paper here – The Financial Remedies Court – The Way Forward.
Author Name: Editor
Published content by The Divorce Surgery Editorial Team.
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