Rise in family court cases

In the latest quarter from April to June 2026, the family courts in England and Wales recorded a total of 67,843 new cases, reflecting a 1% increase compared to the same quarter in 2025. This rise can be attributed to an 11% increase in private law cases and a 4% increase in financial remedy cases, despite a decline in cases related to domestic violence (5%), matrimonial matters (4%), and adoption (3%). The overall balance of cases started versus disposed indicates a concerning trend, with 62,183 disposals this quarter, also down 1% when compared to the same period last year.

Imogen Nolan, a senior associate at Russell-Cooke, LLP, remarked on the family court dynamics saying "We continue to see a steady but continuous trend in the increase of joint divorce applications." As relationships evolve, the legal landscape reflects these changes, with joint applications for divorce increasing from 22% to 27% since the introduction of the No Fault Divorce legislation. This shift suggests that the new regime is fostering a cooperative approach to divorce, contributing to less conflict.

Interestingly, while the average time for care proceedings improved – 37 weeks on average, down by one week from 2025 – the percentage of care cases disposed within the 26-week time frame remained dishearteningly unchanged at 36%. In the realm of private law, Children Act cases reported an average disposal time of 33 weeks, a reduction of three weeks, with 52% resolved within 26 weeks.

The statistics also show a decline in domestic violence remedy orders applied for at 8,461, down 4% compared to last year, yet the orders made saw an increase of 4% to 9,277. Nolan stated, “Applications for domestic violence remedy orders increased significantly in 2020 and have remained at a reasonably consistent level ever since,” highlighting the persistence of this pressing issue.

The situation surrounding adoption has also been less than positive, with 893 applications this quarter, down by 2%, and adoption orders issued decreasing 8% to 898. On matters of mental health, deprivation of liberty applications under the Mental Capacity Act 2005 saw a significant drop, with 1,864 applications and 5,507 orders made, both down 13% on the previous year.

Regarding probate grants, the average time to issue remained stable at about five weeks, although applications decreased to 61,941, down 1%. As the public continues to navigate the family justice system, it is clear that both the caseload and the nuanced complexities of family law are evolving, necessitating ongoing attention to foster timely and effective resolutions for families in need.