Getting a divorce is an especially emotional experience, but it can be the right choice for many couples and families.
It is an unfortunate fact that nearly half of first marriages end in divorce, at 42%. But the recent rise in the cost of living may be making divorce harder 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 due to solicitor’s fees, court-related financial orders, or wider legal costs.
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 by Slater and Gordon Lawyers found that over a third of respondents are neglecting divorce as an option. In January of that year, research was carried out to see whether the cost of living had added stress to marriage. 35% said they would not start a divorce because of the cost. This was a higher percentage than the 33% who said they would 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 1973. This act dictates the criteria for what is considered a fair financial divorce settlement.
There are features of the law that are viewed positively. This includes the fact that it gives judges the ability to individually assess and allocate assets on a case-by-case basis. To critics, however, 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 It was described as “hopelessly out of date” by Baroness Fiona Shackleton, a member of the House of Lords. Critics also point to the law’s lack of clear guidance, which can draw out litigation. This has been known to negatively affect the children of divorcing parents.
When divorcing spouses cannot decide on a financial settlement, the matter may go through the court process, adding expense and unpredictability. Parties cannot know what a judge will decide in the financial consent order, as each case is decided individually. This can leave matters such as maintenance payments uncertain for many divorcees, as decisions vary from judge to judge.
With the law’s debated shortfalls, Baroness Deech pointed to the experiences of many divorcing couples from lower-income families who are forced to represent themselves because they cannot afford 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 may not reflect 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, head of family law at Boodle Hatfield, raised concerns 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”, which is considered the most appropriate body to carry out a review of the law.
Talk to a divorce solicitor
Divorce does not have to be expensive. But if a financial settlement moves into the court process, costs can increase.
It is always helpful to have the right divorce solicitor on your side.
