Alongside the digitisation of divorce applications, family law proceedings are increasingly using remote or virtual hearings. Initially accelerated by the COVID-19 pandemic and ongoing pressures on the court system, remote hearings are now a routine feature in many cases.
These hearings are formal legal proceedings, not informal video calls, and must be treated with the same seriousness and respect as in-person court appearances. Parties will usually receive a Notice of Proceedings confirming whether a hearing will be remote and specifying the platform to be used, most commonly the Cloud Video Platform (CVP). Joining details are often sent by email or text on the day of the hearing, so it is important to check inboxes and spam folders carefully.
Preparing for a Remote Hearing: Practical Tips
Effective preparation can make a significant difference to the experience of a remote hearing. It is advisable to choose a quiet, private space free from interruptions and to test all equipment such as your device, camera, microphone, and internet connection in advance. Participants should be ready at least 15 minutes before the scheduled start time and dress appropriately, as they would for an in-person court hearing.
Microphones should be muted when not speaking, and hearings must not be recorded, as doing so constitutes a criminal offence. Keeping pen and paper handy for notes can be helpful, and if a participant is disconnected, they should use the contact details provided to rejoin as quickly as possible. If there are concerns about interruptions or specific needs, the court should be informed in advance.
Clear, calm, and respectful communication is key. Participants should wait their turn to speak and ask for clarification if anything is unclear, this is a legal right and helps ensure the hearing runs smoothly.
Benefits and challenges of remote hearings
Remote hearings offer several advantages. They improve accessibility by allowing individuals to participate from any location, reducing travel requirements and supporting those with health issues or caregiving responsibilities. They also increase efficiency, as hearings are often allocated specific time slots which are more strictly adhered to, helping to reduce delays and backlogs in the Family Court system. In addition, remote hearings can enhance safety, particularly for vulnerable individuals involved in cases with allegations of domestic abuse.
However, there are also challenges. Technical issues can disrupt proceedings, and not all participants have access to suitable equipment beyond a smartphone, which can make participation more difficult. There are also concerns about informality, particularly in emotionally charged family cases, and whether remote hearings always provide the most appropriate environment for such matters.
What types of hearing will be remote?
Generally, procedural or case management hearings such as First Directions Appointments in financial remedy proceedings are more likely to take place remotely, while substantive hearings involving evidence are usually conducted in person.
Conclusion
Digital divorce and remote hearings represent a fundamental shift in how family proceedings are delivered. While the process is now faster and more accessible than ever before, it remains essential to understand its limitations and to seek professional advice where appropriate. With proper preparation and guidance, technology has the potential to make the legal system more efficient, inclusive, and accessible for all.
For further information on the developments in family law, please contact our expert family solicitors.
Family law
