Getting a divorce is an especially emotional experience but can be the right choice for many couples and families.
It’s an unfortunate fact but nearly half of first marriages end in divorce at 42%. But the recent rise in the cost of living may have been making getting a divorce more difficult to achieve.
With soaring costs in the UK, expensive divorces are harder for families to pay for than they used to be. This could be down to solicitor's fees, the judge's financial order, or legal fees.
What's the cost of divorce?
Divorce has shifted quite a bit since the introduction of the no-fault divorce law in April 2022, making contesting a divorce more difficult, except in extreme circumstances. The average cost of divorce is currently about £14,500 including legal fees and lifestyle costs.
However, research done by Slater and Gordon Lawyers found that over a third of respondents are neglecting divorce as an option. In January of this year, research was done to see if the cost of living has added any stress to marriage. 35% said that they would not start a divorce as a result of the cost. This is a higher percentage than the 33% who said they'd not start a divorce because they share children.
For many families, a revision of divorce law would be welcome.
What is the current divorce law?
As of July 2023, UK divorce law runs under the 50-year-old Matrimonial Causes Act of 1973. This act dictates the criteria on what is a fair financial divorce settlement.
There are features of the law that are looked upon positively. This includes the fact that it gives judges the ability to individually assess and allocate assets case by case. To critics, this only creates more uncertainty.
Why review the divorce law?
The Matrimonial Causes Act has been heavily criticised. It was described as “hopelessly out of date” by Member of the House of Lords, Baroness Fiona Shackleton. Criticism also outlines the law’s lack of clear guidance that tends to draw out litigation. This has been known to negatively impact children of divorcing parents.
When divorcing spouses cannot decide on a financial settlement, it will be taken into the Court Process, adding expense and unpredictability. Parties cannot know what a judge will dictate in the financial consent order as it is case by case. This can leave things like maintenance payments up in the air for many divorcees as decisions are made from judge to judge.
With the law’s debated shortfalls, Baroness Deech pointed out the experiences of many divorcing couples from lower income families who are forced to represent themselves as they can't pay court fees.
The number of family law cases where neither party has been represented by lawyers has risen from 13% in 2013 to 39% in 2022.
Without a strict set of rules, financial settlements are unpredictable and also unreflective of social shifts. These shifts include the legality of same-sex marriage and the increase of women in the workplace.
There are concerns that a review could be detrimental as every divorce case is different. Emily Brand, the head of family law at the law firm Boodle Hatfield raised her worries that there may be a “risk of unfairness if you are too prescriptive.”
Lord Bellamy stated that the Government are in “close consultation with the Law Commission”, considered the most appropriate body to enact a review of the law.
Talk to a divorce solicitor
Divorce doesn't have to be expensive. But an extension into a Court Process for a financial settlement can add costs.
It’s always helpful to have the right divorce solicitor on your side.