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
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