A range of issues, ranging from outdated processes to systemic inefficiencies, were cited by a judicial officer in the need for “overwhelming” and “significant” reform of the family division of the Supreme Court.

Alexandra Wheatley, Assistant Justice of the Supreme Court, said they presented a “daunting challenge”.

Her comments were published in the Bermuda Judiciary Annual Report, released this week.

Mrs Justice Wheatley identified several areas where change “can be implemented relatively swiftly by way of issuing a practice direction”. Others would require statutory amendments.

She said action in places she identified — as well as those highlighted in consultation with the Bermuda Bar — would significantly enhance efficiency, the quality of the courts in processing applications, and would improve access for self-represented litigants.

Mrs Justice Wheatley added: “While guidance for litigants in person was originally planned for 2025, the persistent emergence of numerous deficiencies made it clear that these issues must be addressed before such guidance is produced.”

She said the court encouraged attorneys who primarily practise in the family division to join the Supreme Court Family Division Users Committee as the catalyst for reform.

Among issues to be addressed was the use of electronic forms for divorce applications.

The judge said turnover was “impeded significantly” by errors in filing the required pleadings.

She added: “While I recognise that some of this is due to the incorrect wording of these pleadings in the Matrimonial Causes Rules 2023, this has been a longstanding issue in the matrimonial jurisdiction.

“Likewise, the increase in litigants in person has required significant administrative intervention.”

She also listed the need for conditional orders for divorce to be issued administratively — without the need for the applicant to attend an open court hearing, on a set day, or days, each month.

Mrs Justice Wheatley called for a sharp reduction in the time required for an applicant to file for divorce, from three years to one year.

She highlighted the need for a practice direction — an established protocol for court procedure — in domestic violence cases to ensure the safety of victims.

“This will also require the court to propose changes to the Legal Aid Scheme for these cases based on legal aid provisions enacted in the UK,” she said.

The judge called for the establishment of protocols to administratively address commonly occurring deficiencies in filings, adjournment of hearings and guidance on circumstances where the court appoints a social worker or a litigation guardian.

Mrs Justice Wheatley pointed out that requirements to seek leave from the court to file for divorce were in direct conflict with the no-fault law.

Last year saw a “substantial increase” of 21 per cent in divorce applications over 2024.

There were 139 applications filed in 2023, 125 in 2024 and 159 in 2025 — although Mrs Justice Wheatley said it was unclear whether the increase resulted directly from the institution of the no-fault law, given the drop seen in 2024, the year no-fault divorce came into effect.

The Matrimonial Causes (Faultless Divorce) Amendment Act was the first of several changes to modernise the island’s matrimonial laws.