Sir Andrew McFarlane, President of the Family Division, has confirmed that Financial Remedies Court sitting days in London will be cancelled in 2026 as part of a significant restructuring of judicial resources.
Delivering the news in his address to the profession, Sir Andrew set out the practical consequences of an overburdened system that continues to struggle under the weight of demand.
In a measured but candid statement, Sir Andrew acknowledged that the Ministry of Justice has no choice but to reshape how family cases are listed in the years ahead. The allocation of sitting days to the family courts will be reduced, with the direct consequence that certain hearings will be postponed and, in some cases, courtrooms will be double-booked.
According to the President:
- Short hearings are most at risk of being cancelled or rescheduled
- Longer hearings may be double-listed in order to maximise available time, though this carries obvious risks should both matters proceed
- Overall sitting days allocated to the family jurisdiction will fall in 2026
While Sir Andrew’s tone was one of pragmatism, his message underscored the severity of the resource pressures currently facing the family justice system.
This development sits against a backdrop of long-standing calls for reform and investment. The family courts have been under sustained pressure for more than a decade, with legal aid restrictions, rising case complexity and judicial vacancies all contributing to current difficulties.
Sir Andrew’s announcement does not so much introduce a new problem as simply confirm that the existing challenges will not only continue but also intensify. While this reshuffle is presented as a necessary compromise that will seemingly ensure the most pressing cases are heard, it could equally be a stark reminder of just how thinly stretched family justice has become.
How has this happened to Financial Remedies Court sitting days?
The rationale offered is, at root, both financial and logistical.
The number of judges and court staff remains static while demand for family proceedings has increased steadily in recent years. The backlog of cases, already a persistent concern for all family practitioners and their clients, has not abated. The Ministry of Justice has determined that without any fresh investment being offered, the most viable option is to reorganise the limited sitting days currently available.
In practice, this means hearings involving urgent or complex matters may continue as scheduled, while shorter applications and reviews are pushed further down the list. The system of double-listing is designed to capture efficiencies where one matter resolves or withdraws. However, it can also compound delays if both cases proceed in full.
What are the implications for practitioners and families involved in Financial Remedies Court sitting days?
For practitioners, the practical implications are profound. Clients may face extended delays, especially where their matters fall into the ‘short hearing’ category. Urgent applications will continue to be prioritised, but routine directions hearings and procedural matters could be displaced.
For families, the consequences are even more significant.
Delays in resolving disputes concerning children, financial remedies or protective measures can have lasting effects. As Sir Andrew himself recognised, every additional delay risks undermining confidence in the system’s ability to deliver timely and fair outcomes.
What can we expect?
The Ministry of Justice is expected to provide further detail on this matter later this year, setting out precisely how the reshuffle will be managed across regions and court centres. As family practitioners, we will certainly be watching closely to understand which categories of cases are most affected and how listing practices will be adapted in response.
Sir Andrew’s statement has, at the very least, provided some much needed transparency, preparing the profession for the reality of reduced capacity. Yet his candour has once again highlighted the current structural fragility of the family justice system; without additional resources, cancellations and double-listings may become a recurring feature, raising pressing questions about access to justice.
If this new statement is likely to affect you or any of your clients and you would like to discuss its potential impact, please contact our award winning clerking team today.