Various studies over the years have shown that divorce rates peak at key periods such as couples and families returning home from summer holidays which can put a strain on relationships.

However, on reflection, many divorcees wish they had taken more time to think things through before making the break in haste.   

Others regret missing tell-tale signs of an impending split such as a spouse’s increased working hours, spending less time together along with reduced conversation and intimacy.     

Before taking the plunge, we urge those in this quandary to consider the following:

Filing for divorce is one of the most difficult life-changing decisions in a person’s lifetime and one which many spouses are understandably reticent to embark upon.

1. Ask yourself why you want a divorce? Has your relationship irretrievably broken down – and is your decision based on emotion or logic? Most importantly, do you still love your partner? If the answer is yes and you feel your marriage is worth salvaging, consider counselling
2. Think through how terminating your relationship will impact on your children whose interests should always come first. It is well known that divorce can damage children’s long-term well-being.
3. Talk to close friends or relatives who will enable you to step back and give you some perspective on the situation
4. Work through how your financial situation would change as fear of starting all over again can leave many people in a state of paralysis. This is particularly applicable to spouses who have not had to deal with financial practicalities such as tax, standing orders and direct debits. Would you have sufficient income, where would you live – and how would that work for your children’s domestic, schooling and holiday arrangements? Gathering the necessary documentation to understand your finances can help both of you to think practically about what might be achievable before appointing a family lawyer.
5. Who would be your support network? Which of your friends and family would help with children’s school runs, sports activities, and holidays?
6. Looking at your work and career, would your employer be supportive if you divorced and required extra time off if the children were unwell or needed taking to appointments etc.? Also, if you are the spouse who is currently not working and are thinking about divorce, it’s worthwhile to consider returning to some kind form of employment for financial independence and to boost your confidence and self-appreciation. 

If after considering these points you decide that divorce is the only way forward, ensure you appoint an experienced family lawyer.

We highly recommend they are a member of Resolution – a community of family lawyers and other professionals committed to dealing with relationship breakdown issues in a constructive and non-confrontational manner. 

As part of our holistic approach, Jones Myers, a long-standing member of Resolution, advises and guides our clients through the stages of divorce. This includes alternative processes which avoid going to court. Our post- divorce support includes helping them to stay on the right financial track.

For advice on divorce or family law related issues, call us at Leeds on 0113 246 0055, Harrogate on 01423 276104, or York on 01904 202550. Visit jm2023.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet @helpwithdivorce

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The controversial proposal, which seems to have divided the coalition government, would have seen fees rocket from £410 to £750.

Part of wider plans to increase the cost of going to court in England and Wales in certain types of cases, the proposal was in line with the government’s argument that “hardworking taxpayers” should not have to “subsidise disputes between multimillionaires.”

It is quite absurd that the government removed Legal Aid for most family matters and then even considered hiking the fees for divorce to almost double – once again hitting the most vulnerable people and not those multi-millionaires the government believes it is funding.

So this news should be welcome. However the cynics amongst us wonder if ‘shelved’ means permanent removal of the plans, or have they just been set aside temporarily?

The true cost of an uncontested divorce petition is £270, therefore the government makes an estimated £16.8m profit out of divorce. An unnamed member of the judiciary described the fee increase plan as a “novel concept” representing “a departure from the Government’s policy of not charging more than a service costs.”

On top of the cost of the current £410 fee, anyone wanting to issue an application for financial issues to be resolved must pay an additional £255. If the shelved fee increase is dusted down and implemented – and I believe it will be – then the total cost of divorce court fees will be more than £1,000.

The government is already profiting from the misery of many thousands of couples. It’s almost as if some politicians view divorce as a lifestyle choice, so should be taxed like smoking and drinking.

A key difference is that heavy smokers and drinkers can turn to the NHS for free help, advice and support to quit. Separating couples will be left to foot a £1,000 bill for the privilege of a DIY divorce with no professional help or advice at all.

What do you think about the cost of court fees – would you be prepared to pay more?

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

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