Most separated couples have major disagreements about financial matters or the custody of their children, and still the great majority does not go to court. While less than 10 per cent of separated couples go to family court to resolve their problems, this figure still represents a very large number of people. That is why family courts everywhere are so busy and some are experiencing unprecedented and ever increasing backlogs.
While there will always be some couples whose circumstances necessitate court action, most couples who bring their disputes to family court do not need to and do not enjoy, or ultimately benefit from, the experience. I would go further and suggest that in many cases, the parties’ ability to communicate and co-operate with each other as co-parents became worse, not better, as a result of family court litigation.