Re: Summer 2016 | Page 61

Whilst you can get divorced, either online – or through solicitors, for about £400 if everything is straightforward you also have to add VAT onto that and a court fee of £550. The Court recently and very suddenly hiked up the fee for getting divorced by 34% with little or no criticism from the public, yet lawyers continue to get slammed for their costs (which in many cases are less than the Court fee). The current divorce process, rather than divorce lawyers themselves, creates unnecessary hostility between couples who are separating which can lead to an increase in costs because as the law stands at the moment if you want to get divorced without having to remain married for many years after separation someone has to take blame which creates conflict and makes reaching a mutually acceptable agreement about other issues such as finances and the children much more difficult. It can increase tensions between parents, causing significant stress and upset for their children. Moving to a no fault system would make it easier for people to manage their separation with as little stress as possible, reduce the likelihood that they will end up in court and save them money. Resolution, the national body for family law practioners, proposes and supports a new divorce procedure. A Bill has been introduced into Parliament for a no fault divorce system. I would strongly urge you to contact your local MP to ask them to support the Bill. You can find the contact details of your local MP online at www.parliament.uk/get-involved/ contact-your-mp/contacting-your-mp. In addition to the actual divorce itself a couple who are separating may have financial matters and parenting issues that need to be sorted out and it is this rather than the actual divorce itself where complications can arise. People divorcing online do need to be wary as to whether the process includes finalising financial matters between them. A divorce on its own does not automatically do this. Many try to get divorced on the cheap but don’t realise that financial matters are left open. If you actively seek out a Rottweiler of a lawyer who does not work in accordance with the Resolution code you are likely to end up locked in a bitter and expensive court battle, but it is your choice. The majority of family lawyers, particularly those (like me) who are members of Resolution , do not encourage their clients to hate their former partners, but actively help resolve things amicably and cost effectively. Members of Resolution are subject to a strict code of conduct which commits them to resolving disputes in a constructive, nonconfrontational way by agreement. Options such as mediation, the collaborative process and arbitration are available to help couples avoid the need to go to court and reduce the cost and stress of separating. The current divorce process, rather than divorce lawyers themselves, creates unnecessary hostility between couples The current laws around divorce and separation are however often barriers to finding constructive outcomes in separation. There are flaws in the current legal system, but the lawyers are not to blame for that, the government need to take action and make significant changes to the process. Resolution’s Manifesto for Family Law which can be found online sets out what the next government should do in order to improve the lives of separating and separated families across England and Wales. So should there be some sort of “mathematical equation” to help simplify the whole process of dividing up assets in the event of a divorce? Well this is already something that is being looked into and considered. Whilst a mathematical formula could provide more certainty, which many lawyers would welcome, it could also lead to unjust results as within the current law there is a considerable amount of discretion when working out financial matters after separation. As every family is different this enables a bespoke, tailor made outcome to be achieved to ensure the needs of the family can be met. Whilst a straightforward formula might work for a millionaire footballer it wouldn’t necessarily produce a fair result to those families where there is barely enough to go round or to those that have given up careers to look after and raise children on the understanding that they would be supported in the future. Due to the current uncertainty in the law many couples now enter into Pre or Post Nuptial Agreements to help determine how they want financial matters to be dealt with in the event the marriage doesn’t work out. This can help simplify and reduce costs of sorting matters out if the couple separate. It is often the people themselves who are going through a separation whose upset, anger, bitterness and hate can consume them and prevent them from dealing with the issues arising as a result of separation in a logical, rational and cost effective way. A lawyer will be there to provide legal advice and guidance but ultimately can only act on their client’s instructions. It can be the emotions of a separation that are manipulating the process rather than the lawyers. To prevent that, as any good family lawyer will recommend, people who are separating should seek out professional support from a family consultant, counsellor or therapist. Takin g responsibility and having a team of professionals (such as a lawyer, family consultant and financial adviser) on board to help sort out the issues of a separation rather than doing it yourself or relying on one professional to work everything out for you will likely be more cost effective for you, and your family as a whole, in the long run. By Gemma Hope 59