The emotional and psychological impact of family law proceedings can be considerable and often underestimated. For everyone involved—separating couples, their children, and the legal professionals supporting them—the process can be very challenging. Mental health issues emerge not as rare exceptions but as common consequences of navigating a system that, by its very nature, deals with some of life’s most personal and painful disputes.
For separating couples, the court process can be particularly taxing. Lawyers often refer to the emotional toll as “litigation fatigue”, a term that captures the slow erosion of mental resilience as cases drag on. At the outset of proceedings, many clients may appear stable and focused, but by the time the process concludes, most are emotionally exhausted. Although the courts have implemented some safeguards, such as special measures for vulnerable individuals and recognition of therapy costs in financial remedy proceedings, these are limited in scope. Mental health is typically only taken seriously when it intersects with legal questions, such as earning capacity or parental fitness. As a result, many parties feel that their psychological well-being is acknowledged only in passing, if at all.
Alternative dispute resolution methods, such as mediation and arbitration, are often recommended as ways to ease tension and avoid the adversarial nature of court proceedings. These approaches can be helpful, but they are not always effective or accessible. When they fail, couples find themselves back in court, more disheartened than before and with fewer emotional resources to draw upon.
For children, the experience can be even more damaging. They have no control over the conflict and no say in the legal strategies employed by their parents, yet they are often the most deeply affected. A recent study by the Family Justice Data Partnership, published by the Nuffield Family Justice Observatory, highlighted the serious mental health consequences for children involved in private law proceedings in Wales.
The research found that these children were 60% more likely to experience depression and 30% more likely to suffer from anxiety compared to others. Perhaps even more concerning is the evidence that these mental health challenges persist beyond the conclusion of the proceedings, suggesting a long-term impact that the justice system is not fully equipped to address.
When we consider the experiences of both couples and children, a clear question emerges: Could the justice system do more to mitigate these harms? The answer, for those who work within the system, seems obvious. Many of the stressors are structural: underfunding, a shortage of judges, long delays between hearings, and insufficient access to legal aid. Improving these areas would not eliminate the emotional toll, but it would significantly reduce the intensity and duration of conflict, which in turn would support better mental health outcomes for those involved.
Finally, it is important not to overlook the professionals working in family law. Lawyers and judges are exposed daily to high-conflict situations, often involving distressing details of abuse and trauma. The cumulative effect of this exposure is what’s known as vicarious trauma. The National Association of Family Law Supervisors notes that the idea that legal practitioners can absorb this emotional strain indefinitely, without consequence, is outdated and unrealistic. Other professions, such as social work and counselling, have long recognised the need for structured mental health support, including supervision. There is growing momentum for the legal sector to follow suit, not only for the well-being of its practitioners but also for the benefit of clients who rely on clear, compassionate, and focused legal guidance.
Mental health should no longer be treated as an incidental issue in family law. It is central to the effectiveness and humanity of the justice system. While we cannot expect the courts to resolve every emotional difficulty that arises from family breakdown, we can and should expect a system that does not make things worse. With increased awareness, adequate resourcing, and a commitment to reform, family law can evolve into a space that supports healing as well as resolution. Whether it does so will shape the experience of families—and those who serve them—for generations to come.
