The financial cost of separation is rarely limited to legal fees. For many couples, divorce or separation means moving from one household to two, meeting new housing costs, adjusting to a reduced income and trying to rebuild savings at the same time as dealing with an emotionally difficult life event.
A recent report by Amicable, Splitting: The Bill, highlights just how significant that financial pressure can be. The report is based on a survey of 2,000 UK adults who had separated, divorced or dissolved a civil partnership within the last decade. It found that the average legal cost of divorce, dissolution or separation in the last year was £8,296, compared with £5,690 five to ten years ago. It also reported that one in 20 people spent more than £20,000 in legal fees alone.
Perhaps more concerningly, the financial impact often goes far beyond the legal process itself. Coverage of the report noted that almost four in ten people said their split pushed them into debt, with the figure rising to 43% among parents of young children. The biggest pressures included day-to-day living costs, setting up a new home, legal or court fees and the loss of household income.
These figures are a useful reminder that, where possible, separating couples should give careful thought not only to the outcome they want, but to the process they choose to get there.
Considering alternatives to court
Court proceedings are sometimes necessary. There may be urgent issues, difficulties with disclosure, concerns about fairness, or situations where one person simply will not engage constructively. In those circumstances, court action can provide structure, timetable and ultimately a binding decision.
However, court should not automatically be the first option in every case. Many separating couples can benefit from considering alternative dispute resolution methods, such as mediation, solicitor-led negotiation, collaborative family law or arbitration. Mediation, in particular, is designed to help improve communication, reduce conflict and agree practical arrangements for the future.
These routes can often be quicker, more private and more cost-effective than fully contested litigation. They may also help preserve a better working relationship between separated parents, which can be especially important where children are involved.
The value of early legal advice
Choosing a non-court process does not mean avoiding legal advice altogether. In fact, early advice from an experienced family law solicitor can help people understand their rights, responsibilities and options before positions become entrenched.
A solicitor can help identify what information is needed, what a fair settlement might look like, and whether a proposed agreement is workable and legally robust. Where agreement is reached, it is important that it is properly documented so that both parties have clarity and protection going forward.
Where court is necessary, economy still matters
If court proceedings are required, they should be conducted proportionately and with economy in mind. That means focusing on the real issues in dispute, avoiding unnecessary correspondence, narrowing matters where possible and keeping the client informed about costs.
At Gibson Kerr, our family law solicitors can advise on the most appropriate route for your circumstances, whether that involves negotiation, mediation support or court proceedings. The aim is always to help clients reach a fair and practical outcome while keeping unnecessary conflict, delay and cost to a minimum.
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