For separating couples needing the court’s support to help resolve their case, the family court system is already fraught with strain. The process is emotionally draining at the best of times and hearings can already take considerable time to secure, and delays are common.
Against that backdrop, the recent confirmation that financial remedy sitting days will be cut from 2026 is concerning news indeed. Far from being a simple administrative shuffle, this change risks leaving more families stranded in the system - facing last-minute cancellations, spiralling costs and months of uncertainty.
The plan to reallocate judicial resources elsewhere, in line with government targets, will include moving or cancelling some hearings and double booking most longer hearings, with the back-up case being cancelled if the primary hearing goes ahead, with hopefully at least three working days’ note. The timetabling of each stage of the financial remedy cases may take longer to proceed through the system.
When a final hearing is adjourned at the last minute, the consequences go far beyond inconvenience. Clients will often have taken time off work, arranged childcare, and invested thousands of pounds in legal preparation. Barristers’ fees will almost certainly be lost, expert reports may need updating, and solicitors must prepare afresh. We regularly see families left out of pocket by thousands, and sometimes tens of thousands of pounds, through no fault of their own.
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Beyond the financial toll, the human cost is stark. These cases are about people’s homes, savings, and children’s futures. Every delay prolongs uncertainty and makes it harder for families to move forward. For couples already navigating one of the most stressful periods of their lives, being told on the day of a hearing that it has been 'taken out of the list' can be nothing short of devastating.
The cut to sitting days risks entrenching a two-tier system. Those who can afford it will increasingly turn to private options, such as arbitration or private Financial Dispute Resolution hearings, which can be arranged more quickly and flexibly. Those without the means, however, will be forced to endure longer waits in the public courts, even as the backlog grows.
Justice must not be determined by the size of one’s financial resources. Yet unless the resourcing crisis is addressed, that is precisely where we are heading. The danger is that family law becomes another example of 'haves' and 'have-nots' - with access to timely justice a privilege, not a right.
For families heading to court, awareness and planning are crucial. Solicitors should be upfront about the risk of adjournment and cancellation. Clients should factor uncertainty into their budgeting and explore out-of-court options early. Even if proceedings remain unavoidable, knowing the alternatives can provide a safety net.
The announcement on sitting days is a symptom of a wider problem: the chronic under-resourcing of our family justice system. With a shortage of judges and overstretched courts, while those on the ground are doing everything they can, 'recalibrating' the list may satisfy administrative targets but does little to serve the people at the heart of these cases.
Family justice is not a numbers game. Behind every case file is a family in turmoil, often with children caught in the middle. If the government is serious about supporting families, it must ensure the courts have the resources they need to deliver timely, fair decisions.
Cutting sitting days takes us in the opposite direction. It risks increasing delays, driving up costs, and undermining confidence in the system. The families who depend on the courts deserve better.
Lois Rogers is a partner at Ribet Myles
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