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Court Process22 September 2026

Why 42% of Divorcing Couples Are Already Paying to Avoid Family Court

If you've applied for a financial order and you're waiting for a court date, you already know the wait feels endless. New figures show that a growing number of people aren't waiting at all, and most people don't realise they have that choice.

The wait for a financial order has passed a year

Financial remedy applications, the process used to divide money, property and pensions after divorce, rose 11% year on year in the first quarter of 2026, according to official Ministry of Justice statistics. Contested applications climbed 66% between 2023 and 2024, the highest level since the 2008 financial crisis.

More cases, fewer sitting days. One legal industry report now puts the average wait from application to final financial order at 74 weeks, well over a year. Where you live matters too. Courts in Wales move considerably faster than courts in London, where waits have run to around 70 weeks for some proceedings.

None of that reflects how complicated your case is. It reflects how stretched the system is.

42% are already paying to skip it

A survey of 1,000 UK adults, commissioned by law firm Mills & Reeve, found that 42% are already paying for at least one private service to resolve their family law dispute outside the traditional court system. Almost 40% (38.9%) said they would pay a premium specifically for a faster resolution: 21% would pay up to £250 more, and 15% would pay up to £500.

More than half (51%) think people should be allowed to pay privately for a faster resolution in the first place.

The number that should worry anyone stuck in the system: only 25% knew these alternatives existed at all.

Why so few people know their options

Court isn't the only route to a financial order. Two of the main private alternatives are:

Private Financial Dispute Resolution (FDR). A private version of the FDR hearing the court would normally list, but you choose the timetable and you choose an experienced evaluator rather than waiting for whichever judge has availability.

Early Neutral Evaluation (ENE). A qualified, independent evaluator gives you both an early, realistic view of how a court would likely decide the case, which can shortcut months of back and forth.

Katherine Kennedy, a partner at Mills & Reeve, put it plainly: families using private FDRs and ENEs aren't constrained by court availability. They can choose their evaluator, agree a timetable and put dedicated time into resolving what actually matters, instead of waiting months for a single hearing date.

If awareness were higher, a lot fewer people would be sitting in a queue that's only getting longer.

What this means if you're currently waiting

If you're a litigant in person facing a court date that keeps slipping, or you haven't been told there's another way, it's worth finding out what your options actually are before you commit to another round of waiting. A private process won't suit every case, and it isn't free, but for many people it's faster, more predictable, and puts the timetable back in your hands.

This article is general information only and is not legal advice.

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Please note: My role is to provide practical, process‑focused support. I do not give legal advice. Legal advice is often needed at key points, and I regularly encourage people to seek advice from a family solicitor. Many clients work with me alongside their solicitor, using legal advice for legal decisions and practical support to manage the process around it.

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