Divorce Court Backlog – What Are Your Options?

Divorce Court Backlog – What Are Your Options?

For many years, the first working day of the new year has been dubbed ‘Divorce Day’ as couples make the big decision to separate after the holiday period is over. Once the decision is taken, there is great anxiety for things to move forward as quickly as possible towards the final moments of this phase of life. But this year, things are different.

Going against the anxious desire of those involved to finalise all legal matters so they are ready to start their new lives, the courts are facing a huge backlog in processing family cases. Cases involving children are given priority, so even other more complex issues may need to wait weeks or even months to be analysed – courts are also taking weeks to respond to correspondence. With all these delays, it could feel like divorce is a lost cause this year, but there are alternative options available.

What is the alternative path as a solution?

In cases where both parties want to speed up the process and are not willing to wait for the delayed judicial time, there is the possibility of following the path of effective communication using solicitors who will work as representatives of this mediation. The solicitors can facilitate round table meetings to help reach an agreement.

Going against the anxious desire of those involved to finalise all legal matters so they are ready to start their new lives, the courts are facing a huge backlog in processing family cases. Cases involving children are given priority, so even other more complex issues may need to wait weeks or even months to be analysed – courts are also taking weeks to respond to correspondence. With all these delays, it could feel like divorce is a lost cause this year, but there are alternative options available.

What is a court mediation?

Mediation is a confidential process that gives the parties control over the outcome. Mediators can provide participants with information about what the law says in specific or available circumstances. A mediator is not able to make a decision about what should happen, but they are able to help guide both parties to a satisfactory and positive decision.

Going against the anxious desire of those involved to finalise all legal matters so they are ready to start their new lives, the courts are facing a huge backlog in processing family cases. Cases involving children are given priority, so even other more complex issues may need to wait weeks or even months to be analysed – courts are also taking weeks to respond to correspondence. With all these delays, it could feel like divorce is a lost cause this year, but there are alternative options available.

How does this job work?

There are two main ways in which mediators assist parties in their own decision, which correspond to two types or models of mediation practiced around the world.

Under the first model, facilitative mediation, the mediator strives to facilitate communication between the parties and help each side understand the other’s perspective, position, and interests in relation to the dispute.

Under the second model, evaluative mediation, the mediator provides a non-binding assessment or dispute assessment, which the parties are free to accept or reject as the dispute resolution.

It is up to the parties to decide which of these two models of mediation they wish to follow. The client will still have control over the next actions of the process and the results, if something is against their will, it will be up to them to refuse.

What will the process of effective communication be like?

Meditation is also a key part in initiating the court process as most often people are required to attend at a minimum of one mediation session unless exempt before they are allowed to make an application to court. The round tables for debating the future of the process and decision-making with mediators could be the beginning of the best alternative to speed up and simplify the process and optimises effective communication between the parties.

Do both parties need to be present at the conciliation round table?

If proven through facts that one of the partners acted with aggression and disrespect in the relationship, limitations in the process may be required, being mandatory that there is a voice of both parties for decision making.

Going against the anxious desire of those involved to finalise all legal matters so they are ready to start their new lives, the courts are facing a huge backlog in processing family cases. Cases involving children are given priority, so even other more complex issues may need to wait weeks or even months to be analysed – courts are also taking weeks to respond to correspondence. With all these delays, it could feel like divorce is a lost cause this year, but there are alternative options available.

What is the difference between mediation and conciliation?

Conciliation is a process similar to mediation, but here the third party – the conciliator – takes a more active role. It is not uncommon, if the parties cannot find a settlement themselves, for the conciliator to make a non-binding recommendation. As a result, it is akin to mediation which, if unsuccessful, is immediately followed by an early neutral evaluation.

For both cases, intervening actively and assertively by a professional prepared to streamline processes and shorten the path of a new life between the parties is the alternative.

Our team of divorce solicitors can help you to make things move faster and help relieve the stress of waiting for court backlogs to reduce. Call us on 020 3588 3500 to discuss your next steps.

Continue Reading

The Ultimate Act of Trust: Why a Pre‑Nuptial Agreement Is the Most Romantic Valentine’s Gift

Valentine’s Day is usually filled with red roses, romantic dinners, and promises of forever. It celebrates love in the moment. But for modern couples in the UK, romance is evolving and so is commitment. Increasingly, engaged couples are choosing a different kind of Valentine’s gesture: a pre‑nuptial agreement. It may not come wrapped in ribbon, but a […]

Why Every UK Business Needs Strong Terms and Conditions to Protect Growth, Cash Flow and Liability

Most businesses spend thousands on branding, marketing, and growth strategies—yet overlook the one document that silently determines whether that growth is profitable or legally exposed. Your Terms and Conditions (T&Cs) are not boring legal admin. They are the contractual backbone of your business, defining how you get paid, how disputes are handled, and how much risk you carry […]

Grey Divorce in the UK: Pensions, Property and a Secure Next Chapter

Grey divorce also called silver separation is rising among couples aged 50+. While the process rarely centres on school runs or contact schedules, it does involve the careful unravelling of decades, long finances: pensions, property, health needs and the legacy intended for adult children. In England and Wales, 2023 saw 102,678 divorces granted, most under the new no‑fault regime […]

9 Essential Legal Documents Every UK Startup Needs in 2026 (Free Checklist)

In the fast-paced world of startups, the initial focus is often on product development, market fit, and securing seed funding. While these are critical drivers of growth, the strength of a business’s legal foundation often determines its long-term viability. Without the correct documentation, a company risks internal disputes, the loss of valuable intellectual property, and […]

UK Contract Disputes: Practical Options, Time Limits & Costs

Summary Your options: negotiate, mediation/ADR, or litigate (Small Claims, Fast, Intermediate, Multi‑track). Time limits: usually 6 years for simple contracts, 12 years if executed as a deed (Limitation Act 1980). Consumer issues: rights and unfair terms governed by the Consumer Rights Act 2015 (with CMA guidance on fairness). Costs & tracks: Small Claims up to […]

Conveyancing Explained: The Complete Step‑by‑Step Guide for Home Buyers

Buying a property is one of the biggest financial decisions you will ever make. Yet for many buyers, the conveyancing process feels complex, slow, and full of unfamiliar legal terms. This expert guide to conveyancing for buyers explains exactly what happens at every stage, how long it takes, what can go wrong, and—most importantly—how a […]

Option Agreement Solicitors – Expert Legal Advice for Landowners & Developers

An option agreement is one of the most effective legal tools for securing development land or maximising future land value—but only when drafted correctly. At Saracens Solicitors, our specialist option agreement solicitors advise landowners, property developers, promoters, investors and overseas clients on strategic, enforceable option agreements across London and the UK. Whether you are looking […]

AI Divorce in the UK: Can Relationships with Chatbots End a Marriage?

In the ever-evolving landscape of UK family law, few developments have been as surreal yet significant as the rise of the “digital third party.” As a family solicitor, the traditional causes of marital breakdown are familiar: financial strain, drift, or the physical presence of another person. However, 2026 has ushered in a new era where […]

How to Transfer a Property into Sole Ownership (UK Guide)

Transferring a property into sole ownership is a common legal process in England and Wales, often required after divorce, separation, inheritance planning, or buying out a co‑owner. While it may seem straightforward, mistakes can be costly — especially where mortgages, tax implications, or future claims are involved. At Saracens Solicitors, our experienced property and family […]

Generic selectors
Exact matches only
Search in title
Search in content
Post Type Selectors

Name(Required)