Update: Court Delays – what you need to know
The courts (HM Courts and Tribunal Service, HMCTS) are undergoing a process of modernisation and digitalisation. They are also trying to deal with budget cutbacks and streamlined services.
The courts that deal with family matters, in particular divorce and financial claims are being centralised although the likelihood is any hearings in connection with financial matters will be dealt with at a local court. Online divorce proceedings are now available and soon financial orders made by agreement (consent orders) should be able to be processed and approved by the court online following a pilot scheme.
As the system is not presently running smoothly this is causing delays in processing of documents. This applies to both the divorce proceedings and consent orders.
The results of a recent court survey indicate that standards in family courts are continuing to deteriorate despite the HMCTS modernisation programme. Surveyed in the first and final quarters of 2019, members of Resolution (a representative organisation for solicitors and other professionals dealing with family work) revealed that:
- Delays in processing/hearing urgent cases increased from 55% to 60%
- Concern over quality/accuracy of court documents increased from 53% to 59%
- Availability of judges for emergency applications judged to be very poor increased from 6% to 17%
Therefore if there is any urgency involved due to your particular circumstances, it would be advisable to seek our advice as soon as possible on whether you should start proceedings sooner rather than later.
Published: 17th March 2020
