Only 1 in 10 Get To Court.
- BrightSide
- Jul 27
- 2 min read
Updated: 2 hours ago
And it takes them 4 years to get there.
Only 10% of separating couples get to court, according to the Family Court of Western Australia’s latest annual report. The other 9 in 10 settle before reaching trial. But even for them, resolution can be a long way off.
The Court’s 2025 figures show matters take about 48 weeks to settle. Parenting-only disputes take 66 weeks, while cases involving both parenting and financial issues take 140 weeks.
Couples who proceed to trial face significantly longer waits.
The median time to trial for financial disputes rose 21% to 187 weeks. Parenting disputes remained steady at 185 weeks, while combined parenting and financial matters took 201 weeks, almost four years.
Overall, the median time to trial increased by 1% to 192 weeks which is a 52% rise since 2021.
Early mediation could offer a faster path
However, the figures also highlight an opportunity. If 9 in 10 couples eventually settle without a trial, beginning mediation or negotiation early could help them avoid months, or even years, of uncertainty and conflict.
Susan Hewitt, a collaborative lawyer and Family Dispute Resolution Practitioner says most separating couples may not need their day in court.
“If you look behind the figures, what we are seeing is that only 1 in 10 people actually need to go to court. Which obviously means 9 in 10 separating couples don't and can negotiate their separation without needing their day in a courtroom.”
Complex disputes can take longer
The increasing complexity of family law matters may also be contributing to longer time to trial. Many cases now involve a combination of parenting arrangements, property division, business interests, trusts, superannuation, and allegations requiring detailed evidence. As disputes become more complex, they require more court resources, expert reports, and hearing time, which can lead to longer waiting periods before a matter reaches trial.
Avoiding 192 weeks of stress
Susan says what the statistics do not reveal is the emotional toll a prolonged court process can take.
“What is not shown is the emotional toll the court process takes. That could mean 192 weeks of stress, conflict and appointments with lawyers which could be avoided if people are given an early opportunity to mediate or negotiate.”
For many separating couples, the message is clear: the earlier meaningful negotiations begin, the greater the opportunity to reduce delay, cost and conflict.
“Nine in 10 are settling their dispute anyway, so why not start negotiating sooner and avoid the 192-week journey?”
We have included a link to the Family Court of WA’s annual report below.
For help with your separation or parenting issues call BrightSide
Susan Hewitt is the Principal at Bright Side Family Law, a non-litigious family law and mediation practice. Susan has worked as a lawyer and journalist for almost 30 years. She is an accredited collaborative lawyer and family-law mediator who is committed to helping families through their relationship breakdown in an honest, cooperative and respectful manner.
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