The Ministry of Justice has published a report containing a summary of findings following a qualitative study by Ipsos UK into the factors which influence the decision to bring cases to the civil and family courts. The report considers court users’ motivations, their awareness of the court process, whether financial considerations played a part, their views on a potential increase to court fees and their experiences with the court process as a whole.

This research highlighted important points about the motivations people have for bringing their cases to court:

• Emotional factors had a significant impact on participant decision-making during the court process. Emotional motivations were typically characterised by the desire for justice, the desire for recognition about the validity of the case, desire to share their personal experience, and the desire for emotional closure on a complex issue or traumatic experience.
• Across a range of civil and family cases, participants also reported that financial motivations were an important part of the wider desire for redress. Civil cases were typically more financially motivated, particularly amongst those making civil money or possessions claims, and the costs and benefits of going to court were considered as part of decision-making.
• However, emotions played a larger role in participants decision-making than many had anticipated. Even those who reported primarily financial motivations were influenced by emotional factors to some degree as their case progressed, and many participants reflected that they were not prepared for how emotionally demanding bringing a case to court was, particularly in family court cases. As such, some who had not done so had underestimated the extent to which seeking legal advice or representation may have benefitted them during their case.

Ask any family lawyer and they will tell you that the family court process takes a massive toll on the emotional health of the families involved. This is also backed up by academic research. But the message still doesn’t seem to be getting through to the families involved, as this recent survey shows that many don’t feel they were emotionally prepared for what was to come, and wished they had had legal advice or representation. We’ve said it before and we’ll say it again: there needs to be a massive public education campaign, so that people understand how and why they should be avoiding court, and to treat it as a real last resort.

You can read the full report here: Factors influencing users’ decisions to bring cases to the civil and family courts.

Author Name: Editor

Published content by The Divorce Surgery Editorial Team.

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