January is commonly referred to as ‘Divorce Month’ in the media where there is usually a reported surge in divorce applications and an increase in couples considering divorce due to the pressures felt over the Christmas and New Year period. However, January 2024 appears to be different as research from Legal and General has found that the cost of living crisis has delayed more than 270,000 couples from divorcing due to the cost of living pressures.
Generally, many people believe that financial pressures in marriages are one of the main reasons for divorce. Contrastingly, research suggests that this year, financial pressures are the very thing keeping couples together due to the rise in inflation, interest rates and general cost of living. This is a real concern for families as higher costs across the board are making it seem impossible for couples to go their own separate ways as they simply cannot afford to do so.
If you are wondering whether you can afford to divorce your spouse it is important to be aware of your legal rights and the options available to you, you can find out more here.
Resolving separation or divorce disputes
There are various ways in which you can resolve disputes between separating and divorcing couples. Some couples are able to come to an agreement between themselves. If this has been possible for you and your spouse, you should still consider seeking legal advice in respect of the agreement reached between you.
A solicitor can assist in formalising the agreement into a consent application which is submitted to the Court for approval before being converted into a final binding order. The order itself must be drafted meticulously to protect both parties and to ensure that it accurately reflects the agreement reached.
- Mediation: This is a voluntary process in which you and your partner will meet with an independent, professionally trained mediator who is there to help you and your partner work out financial or child arrangements that can not be resolved by you and your partner and try to agree a way forward. There is a requirement to attend a Mediation Information and Assessment Meeting (MIAM) before a contested application to Court can be made however there are exemptions available for instance, if you have experienced domestic abuse. There are various forms of mediation to suit the individual needs of each separating couple.
- Negotiation: usually between solicitors acting for each party, negotiation is an effective way in which disputes are commonly resolved if separating couples cannot reach an agreement between themselves.
- Court proceedings: issuing proceedings could be because negotiations have reached a standstill and the intervention of the Court is required, or because one party is not cooperating. Issuing Court proceedings creates a timetable and should not necessarily be viewed as a hostile step.
Each separating couple is different and what works for some will not work for others. Here at Birkett & Co Solicitors we provide specialist, tailored advice to suit your needs and circumstances in order to achieve the desired outcome.
Contact us
If you are considering divorce or if you require further advice, speak with a family law solicitor today.