Middle England is taking yet another blow on the chin following the announcement that the cost of getting divorced is undergoing an astronomical 34% hike, from £410 to £550k, in a drive to boost the economy.

Divorce – with all the consequent expense, trauma and stress – constitutes a major life crisis without the Ministry of Justice further exacerbating the situation for those who need to file a divorce petition for a civil court hearing in England and Wales.

Even a hike of a single penny is unjustifiable, although it appears the Ministry thinks we should be thankful for small mercies after first mooting plans in 2013 to increase divorce fees from £410 to £750 – an increase of over 80%.

Its decision to limit the increase to 34% after ‘careful consideration’ will not lessen the impact for those people who work hard to make a modest living in roles spanning shop assistants, receptionists, bus drivers and electricians who will be forced to dig even deeper into their pockets when the increase bites later this year.

Although the extremely vulnerable who are on benefits or earning a low wage with little or no capital may either be exempt or pay a reduced amount – the very rich will not be affected.

It is inconceivable that businesses in wide ranging sectors including professional services would dare to contemplate, let alone announce, an increase in fees to this astronomical percentage. Indeed there would justifiably be a public outcry if petrol went up from £1.16 to £1.60 a litre.

The rise is part of series of measures to raise an extra £60m a year, which include increases for areas spanning issuing possession claims in the county court, general applications in civil proceedings and contested applications in civil proceedings.

To further add insult to injury, the Ministry is threatening us with another tranche of proposed fee increments on which it is consulting across the next two months that would generate a further £48m in revenue.

Any other body or organisation deigning to railroad through these hikes through would deservedly bring down the wrath of the government on them. The irony that the Ministry of Justice is instigating these changes will not be lost on those who find themselves paying more from the very justice system they seek support from.

If you have any questions or comments about divorce related matters, please call us on 0113 246 0055, leave us a comment below, drop us an e-mail or contact us on @helpwithdivorce.

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Almost 400,000 children in England and Wales under the age of 16 live at two homes following the separation or divorce of their parents.

Perhaps, therefore, it is understandable that David Cameron unveiled proposals last year to give four million married couples tax breaks as an incentive to keep them together – particularly if it means that those with children might think twice about getting divorced.

But the reality is that a tax break worth just £200 a year is hardly a large enough incentive to either encourage couples to marry, or keep them together.

The bigger question is should couples, whether they are cohabiting or married, actually stay together if they have children, even if their relationship is in tatters – or are they better off splitting up?

At Jones Myers we are champions of ensuring the welfare of any child involved in a divorce is at heart of our client’s priorities. So I was interested to read journalist Radhika Sanghani’s take on the impact of divorce on children.

Writing in the Daily Telegraph Radhika says that when a number of her friends’ parents split up, they were pleased because it meant an end to the arguments and conflict within the family home.

“A few celebrated, coming into school thrilled because their parents had actually called it a day. The tension in their homes evaporated and peace ensued,” she writes.

“It wasn’t that they didn’t recognise divorce as serious. They did. It’s just that, in most cases, the parents’ relationship had been so bad that it affected the whole family. Separation or divorce meant an end to the arguments. The tension in their homes evaporated and peace ensued.”

From my experience, the impact of a divorce depends on the age of the children, with those in their teenage years more likely to suffer emotional trauma. This is because they will be used to growing up with two parents in the same home, and a divorce will mean they will have to deal with other issues as well as the usual teenage angst. There is also the danger that if a split has been acrimonious, the ‘battle’ between their parents will remain with young people well into adulthood and possibly affect their own future relationships.

Parents going through a divorce need to ensure that their children see them handling problems in a dignified manner, endeavouring to resolve disputes in civilised, non-adversarial ways.

At Jones Myers we would like to see proposals for all divorcing parents to attend parent/separation classes – rather like speed awareness courses. These would deal specifically with the impact of parents’ behaviour on children with tips on how to behave in front of sons and daughters to ensure they are not damaged in the cross fire.

A key part element would be to stress to parents the importance of keeping their emotions under control and to try to remain calm. Also, advising parents to listen to their children and spend quality time with them. Children often believe they are at fault when their parents divorce so it is critical they know they are loved. Contact with wider family members on both sides should also be maintained to ensure continuity.

Family lawyers adopting a sympathetic non-confrontational approach can also help to make sure that children don’t feel trapped in the middle of a divorce.

Is getting divorced more traumatic than staying together for children? Should there be parent/separation courses?

If you have any concerns or questions about the impact of separation or divorce on children please call us on 0113 246 0055, leave us a comment below or drop us an e-mail. You can also follow us on Twitter: @helpwithdivorce.

The post Caught in the parent trap: can divorce ever be the best outcome for children? appeared first on Jones Myers.

The findings of a four year Law Commission review of how English couples’ finances should be sorted out – will be unveiled shortly.

The Law Commission’s report will cover whether or not pre-nuptial agreements should become law, and this has been the main focus of the UK media to date. However, the report on Matrimonial Property, Needs and Agreement which will be published on February 27, is actually much more wide-reaching.

As a dual qualified family law specialist in English and Scots law I particularly welcome this review as it represents an opportunity to look at how out of kilter English family law has become in comparison with its Scottish and European cousins.

As well as examining how marital property agreements can be enforced, the report will also look at how much financial support one spouse or civil partner should give to the other following divorce or dissolution.

Among the aspects under review is “non-matrimonial property”.  This could include property that has been inherited or given as a gift or assets acquired by either party before marriage or civil partnership.

Key areas that could face reform include:

• The demise of long term maintenance for ex-spouses
• Ring-fencing assets brought into the marriage by one or both parties
• Ring-fencing inherited wealth
• Pre-nuptial and post-nuptial agreements becoming legally binding

All of these are principles which are long-established north of the border.

Under Scottish divorce law, there is greater certainty – but potentially less discretion. For instance, the property available for division is narrowly defined. This “matrimonial property” is valued at the date of separation. It will include anything acquired during the lifetime of the marriage but exclude any inheritance or gift which has not been converted into matrimonial property. In England and Wales judges tend to focus on ensuring that both partners are adequately provided for – regardless of how the assets were acquired.

Other principles used to divide assets under Scots law are:

• Matrimonial property being shared equally – since the starting point is that fair sharing is equal sharing
• Financial support being paid for a maximum of 3 years – encouraging the receiving spouse to maximise his or her earning capacity after a period of adjustment
• Support being made available to prevent a spouse suffering financial hardship as a result of the divorce

In Scotland couples can also agree to a binding financial settlement between themselves without the need for a court to be involved, whereas, in England and Wales, unless a judge reviews such an agreement, there is a risk of it being unpicked at a later stage.

Whilst there are undoubtedly arguments in favour of both systems, I will be interested to see whether the English approach starts to take on a tartan hue in the light of the report. I will be still more interested to see whether the report’s recommendations will be taken on board by Justice Secretary Chris Grayling, rather than simply generating debate.

If you have any questions or concerns about dividing marital assets, please call us on 0113 246 0055, leave us a comment below or drop us an e-mail.

You can follow us on Twitter @helpwithdivorce

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