The cost-of-living crisis could add to the financial strain on divorcing couples - potentially stopping some from separating.
Alison McKee, a Partner in our Family Law team believes the expense of separation as the impact of rising bills bites is causing some to put the brakes on ending their relationship, which is impinging on their happiness.
The fear of high legal fees - on top of supporting two separate households - at a time when future finances are already uncertain is a factor they are considering. But, for those who have decided that separation is best for them and their families, we advise that one of the most practical ways in which to minimise costs is for couples to reach as much of an agreement as possible themselves.
The call for them to talk comes at a time of year when some solicitors report spikes in separation enquiries following a fractious festive season. Monday January 9 was so-called ‘Divorce Day’ when some lawyers say they see that first rise in calls.
Alison said: “No-one likes to see a marriage come to an end. For some, though, divorce is the best course for them.
“It’s ultimately an uncertain time, which no-one likes. Unfortunately, the cost-of-living crisis has added another layer of uncertainty which we know is causing concern among people considering their next step.
“Some we’ve spoken with recently are worried about how they can fund the cost of two households, given rising energy and food bills to meet through a smaller pot of cash. They’re worried enough about all of that before factoring in legal fees and what any final separation settlement may look like.
“No-one would wish for anyone to feel as though they are trapped in an unhappy marriage. That can be more damaging for personal health and wellbeing.
“It’s important that couples who want to separate can. The best way for them to do that without adding further financial strain is to obtain advice on possible parameters of settlement and the practical constraints which may apply and then to try and reach as much agreement as they can themselves, before bringing lawyers in.”
While all cases are unique, financial arrangements are generally where couples find they need professional guidance. However, those who reach the most workable agreements are the people who manage to avoid the courtroom.
Alison adds: “The more certainty you can bring to your situation, the better. If you can come to an amicable, negotiated agreement, it means that you can be much more creative, tailoring the solution to fit your exact circumstances and giving you much more control over events than if you were in the hands of a court, where a decision can simply be imposed.”
One of the approaches we offer is collaborative law which is where lawyers - and perhaps experts including financial advisors and life coaches - sit around a table with couples in an attempt to resolve more challenging issues.
Alison explains: "If there are emotional hotspots causing a blockage to sensible financial negotiation, for example, this gives a forum for these to be aired, recognised, and dealt with so that things can move on.
“If working by negotiation, you can be creative, taking account of circumstances such as tax implications and the practicalities of implementing an agreement. It’s better - and more cost-effective - for everyone.”
We often also advise clients about how to approach their “kitchen table” discussions with their spouse, sharing advice on the possible parameters of settlement and the practical steps required.
Over several years, we have noticed significantly more internet searches regarding divorce in early January. In fact, more than twice the number of people see divorce-related information online during January when compared to any other month of the year.
Our Family Law team offers prospective clients in-depth experience and a professional service which often then leads to further divorce enquiries in the months ahead.
We work with organisations including Consensus Scotland and CALM Scotland to offer relationship and mediation advice. For more details, please visit www.consensus-scotland.com and www.calmscotland.co.uk.
This article was originally featured in the Metro on 10 January 2023.
