The Amicable divorce app has launched and offers users what it describes as “Divorce Reimagined – the faster, fairer, fixed-price way to separate”.
The ethos behind the app is sound. One of its creators experienced a costly and acrimonious divorce. The idea is to help people through what can be a very difficult time. There is a great deal to be said in favour of giving couples the tools to think about the childcare and financial issues that arise on a separation. For many who are separating, money is tight and keeping a lid on the legal bill is a priority.
Scottish couples should be wary though. The Scottish legal system is very different to the English one. This app is designed for the English system and should be used with caution. The legal framework is very different and in Scotland, the majority of financial divorce settlements are negotiated and set out in a written document called a separation agreement or Minute of Agreement which does not go anywhere near the court. This is very different to the English system.
In Scotland, we identify a separation date – referred to by lawyers as the Relevant Date. A snap shot of the matrimonial property is taken at this date. Anything acquired by either party after this date does not feature in the divorce settlement. Again a significant difference to the English rules.
Matrimonial property is everything acquired during the marriage and before the Relevant Date – in the name of the husband, the wife or joint names. Gifts or inheritance from third parties are excluded.
Every family is different and the issues in every separation case turn on the particular needs of the family involved. It is easy to underestimate the value in taking timely, expert advice on your separation. An expert family lawyer will give detailed advice, tailored to your own particular circumstances.
There are ways to control costs such as by taking advantage of an initial fixed fee advice package which are available. The experienced family lawyer will talk you through what you can expect in terms of costs. Many legal firms will invoice regularly as a case progresses – avoiding an unpleasantly large bill at the end of the case and letting the client budget accordingly.
You can also use your lawyer wisely as a resource. Let the lawyer guide you on the information to be gathered and then go and do the legwork yourself. If you can try to keep lines of communication open with your spouse, you can have detailed discussions together about what makes sense for your family. You can then take advice and guidance from you lawyer.
Bear in mind that it is usually far more costly to unpick something that has been done without the benefit of family law expertise after it goes wrong than it is to make sure your separation is finalised properly at the outset.
The relevant section of the programme starts at 40:40mins and is well worth a listen!
Jen Gallagher participated in a lively discussion about the Divorce App on BBC Radio Scotland's John Beattie programme on 14/02/2017. The relevant section begins at 40:40mins and you can listen to the debate here.