Scottish Daily Mail

Be richer, not poorer with a quickie divorce

- By George Mair

BRINGING a marriage to an end formally can be a costly affair.

Now new figures show that in a desperate bid to save money during these straitened times, more couples than ever are avoiding the divorce courts when they split up.

Watching their wallets is one of the key reasons attributed to the plunge in the number of divorces going through the civil courts.

Civil justice figures from the Office for National Statistics show that only 76,769 civil law cases were initiated across the Court of Session and sheriff courts in Scotland for 2014-15 – the lowest since records began and 42 per cent lower than 2008-09.

Consensus Collaborat­ion Scotland (CCS), a network of lawyers, family consultant­s and financial experts specialisi­ng in out-of-court divorce settlement­s, said couples were now looking for quicker, cheaper and more amicable splits.

The network cited an increase in collaborat­ive divorces, rising legal costs, changes in marriage and cohabitati­on rates, and greater access to cheaper online divorce services as contributi­ng factors in the decline of court divorces. It said couples were increasing­ly finding ‘non-confrontat­ional alternativ­es’ to resolve issues and reach decisions without going to court.

Anne Marie Douglas, a member of CCS and a partner with Inverness law firm Cowan Douglas, said: ‘We have seen a rise in the number of alternativ­e dispute resolution methods, including the number of collaborat­ive divorces.

‘More couples are realising court isn’t the only option and are choosing the collaborat­ive approach to separation or divorce in order to minimise the conflict, stress and emotional damage that a court case can cause.

‘That said, we believe that every couple and every situation is different and recommend that you fully understand your options and what the right process is for you and your family.’

The cost of divorce is also on the rise, forcing some couples to seek more cost-effective alternativ­es.

Couples in the UK are spending more than £44,000 on average when they divorce or separate, according to a recent Aviva survey – a 57 per cent increase since 2006, when the cost was around £28,000.

The study revealed that although legal fees are on a similar level, hidden costs such as moving house and child maintenanc­e payments mean the overall price of separation has soared.

In recent years, there has also been a rise in the ‘quickie divorce’, culminatin­g in the launch of a range of online tools and smartphone divorce apps that claim to resolve divorces within weeks for ‘tens of pounds’ per month.

Miss Douglas said: ‘Austerity and rising costs are certainly contributi­ng factors.

‘Court divorces can be lengthy, expensive affairs, so if couples can find common ground and resolve matters out of court, they will do.

‘We have also seen a decline in marriages, which naturally will lead to fewer divorces over time and more people are getting married later in life as well as cohabiting before they get married.

‘This suggests people are a little older and wiser before they tie the knot, as well as having more experience living together.

‘This could be why divorce rates across the UK are at their lowest ebb for 40 years.’

‘People are a little older and wiser’

Newspapers in English

Newspapers from United Kingdom