The Family Court Process: An Overview
The family court deals with matters relating to children and finances following separation or divorce.
This page provides a high-level overview of how the family court process works, what types of decisions the court can make, and how mediation fits into the process.
What the family court does
The family court in England & Wales considers applications relating to:
- Arrangements for children
- Financial matters following separation or divorce
The court's role is to make decisions when people are unable to reach agreement themselves.
Mediation and the court process
Before applying to family court, people are usually expected to consider mediation.
A MIAM (Mediation Information and Assessment Meeting) explains what mediation is and assesses whether it may be suitable.
Mediation does not replace the court, but it may help people resolve issues without a judge needing to decide.
Child and parenting matters
The family court may become involved in decisions about children when parents cannot agree arrangements themselves.
Types of court orders relating to children
In child-related cases, the court may be asked to make orders about:
- Where a child lives
- How a child spends time with each parent
- Communication and contact
- Specific issues affecting a child's welfare
These decisions are often referred to collectively as child arrangements.
What usually happens in child-related court cases
Child-related court cases usually involve:
- An application to court
- One or more hearings
- Opportunities to explore agreement along the way
The court may encourage mediation or other forms of agreement at various stages.
Hearings and preparation
Family court hearings are usually less formal than other courts, but they are still structured legal proceedings.
Parents may be asked to provide information and attend hearings where a judge considers the issues raised.
The process can feel unfamiliar and emotionally challenging.
Child Law Advice – family court guidanceMediation and child arrangements
Many parents resolve child arrangements through mediation, either before or alongside court proceedings.
Mediation allows parents to focus on practical arrangements and communication, without a judge making decisions for them.
Financial matters
The family court can also deal with financial matters following separation or divorce where agreement cannot be reached.
Types of financial court orders
In financial cases, the court may be asked to consider:
- Property and housing
- Savings and investments
- Pensions
- Debts and ongoing financial support
These decisions are often referred to as financial remedy proceedings.
What usually happens in financial court cases
Financial court cases usually involve:
- Financial disclosure
- One or more court hearings
- Opportunities to reach agreement during the process
Courts often encourage settlement where possible.
Mediation and financial agreements
Financial matters are commonly discussed in mediation.
Mediation can help people:
- Exchange financial information
- Explore options
- Reach proposals together
The mediator does not decide outcomes or provide legal advice.
Formalising mediation agreements
Agreements reached in mediation are not legally binding on their own.
Where appropriate, people may choose to:
- Take independent legal advice
- Ask the court to formalise an agreement
This allows mediation agreements to be recognised within the court process.
Court and mediation: understanding the difference
Court and mediation serve different purposes.
Court involves a judge making decisions.
Mediation supports people to reach their own agreements.
Some people use both at different stages.
What people often consider before applying to court
- Emotional impact
- Time and cost
- Effect on children
- Willingness to communicate
- Availability of mediation
Common questions
Do I have to go to family court?
No. Many family disputes are resolved through mediation or negotiation without the need for court. Court is usually considered when agreement cannot be reached through other means.
How long does the family court process take?
The length varies depending on the complexity of the case. Some matters are resolved in weeks, while more complex cases involving children or finances can take several months or longer.
Can mediation be used during court proceedings?
Yes. The court can pause proceedings to allow parties to try mediation. Many cases settle through mediation even after court proceedings have started.
When you're ready
If you would like to understand whether mediation may be suitable before or alongside court proceedings, a MIAM can help explain your options.
Book a MIAM onlineDelivered by qualified family mediators in England & Wales.
The court process can feel daunting.
Understanding how it works — and the role mediation can play — can help people approach decisions with greater clarity and confidence.