What The Latest Numbers Tell Us About The State Of The Family Justice System

• Published date: 11 October 2022
• Subject Matter: Family and Matrimonial, Family Law, Divorce
• Law Firm: Ian Walker Family Law and Mediation Solicitors
• Author: Mr Ian Walker

Every three months the Ministry of Justice publishes the latest statistics for the family justice system, comprising statistics for the Family Court and statistics relating to legal aid and mediation.

The latest quarterly statistics have just been published. What do they tell us about the present state of the family justice system?

High take-up for new divorce system

The first thing they tell us is that there has been a high take-up for the new, no-fault, divorce system, which was introduced on the 6th of April.

The statistics tell us that since that date there were 33,234 divorce applications (including applications for civil partnership dissolution). There were 33,566 applications altogether made under both old and new laws, an increase of 22% from the same quarter in 2021, and the highest number of applications in a decade.

Whilst some may be alarmed at this increase, it was entirely expected, due to many couples waiting for the new law before issuing divorce proceedings, so that they could divorce without having to blame their spouse for the marriage breakdown.

A feature of the new divorce system is that, for the first time, it is possible for a couple to make a joint application for a divorce. The statistics give us a breakdown of how many applications were made solely and how many jointly. Of the 33,234 applications, 78% were made by sole applicants, and 22% by joint applicants.

Children cases taking longer

Due to a change in the way that data is managed the statistics do not give any information about the time that public law children proceedings (i.e. proceedings involving social services) are taking. This is unfortunate - the previous quarter's statistics indicated that the average time for such cases to reach first disposal was 49 weeks, which was the highest average since 2012.

It would be very interesting to know whether there has been any change to this figure (it should be remembered that care cases are supposed to be completed within 26 weeks).

As to private law children proceedings (i.e. cases concerning disputes between parents over arrangements for their children), the news is not good.

In April to June 2022, it took on average 46 weeks for these cases to reach a final order, i.e. case closure. This was up 6 weeks from the same period in 2021, and the highest value since 2014, continuing the upward trend seen since the middle of 2016.

Fewer financial remedy cases

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