Those of us working within the family court systems and those of us living through it personally are likely well aware of the pressures on the system and the delays already being encountered. Mr Justice McFarlane has now confirmed that in 2026 there will be cancellations of hearings.

What does this mean in practical terms?

Well, it could mean that your court hearing, that you’ve waited several months to get to, is cancelled because a judge isn’t available to deal with it for you.

That also means not only could you have another few months to wait but you could face double the legal costs for your barristers and solicitors.

You will have had to produce a lot of updating information and write statements. It will likely have been very stressful, however well you may or may not get along with the other person involved in the case and the uncertainty will be weighing on everyone in your families.

You may have had experts’ preparing reports for things such as property valuations, business valuations and pension sharing reports

Your solicitor will have advised you, assisted you in preparing documents for the hearing, instructing your barrister and generally ensuring all documents are up to date for the hearing.

Your barrister will have prepared the case they are going to present on your behalf and liaised with your solicitor and you as well.

This will all have cost you an awful lot of money and time and anxiety. Then, just as you are geared up for a final hearing, it’s cancelled. Your legal fees still have to be paid even if the hearing doesn’t go ahead.

Then you have to prepare for the next attempt at the hearing.

So what you can do to avoid this situation?

You can go “private”. Much as with the NHS and private medicine, there are privately funded options for legal processes and you will find the Courts and judges very supportive of people trying to resolve matters by agreed outcomes rather than Court determinations too.

There are a number of non-court options such as, but not limited to:

• Mediation
• Private Dispute resolution
• Early neutral evaluations
• Arbitration – this is the closest to a private court system as there is a determination at the end of the process.

The family law world is actually extremely well equipped for people being able to seek out alternatives to the unpredictable elements of the court system. Most of the options do need both sets of people involved to agree to use them and work with the outcomes, but they are invariably available faster, more flexible and overall less expensive than waiting for your hearings in Court.

Geldards LLP’s family team offers a wealth of legal experience for our clients but also a range of non-court options too, to try and get you through to a conclusion that works for you and your family.