Many divorces more costly than necessary, say experts

● Collaborative break-up ‘usually cheaper and gives couple control’

Many divorcing couples in Scotland are spending more than they need to on their break-ups, experts say

Consensus Collaboration Scotland (CCS), a network of lawyers, family consultants and financial experts, said many couples become embroiled in long and expensive negotiations through solicitors due to lack of awareness of more cost-effective alternatives. It said that in some cases, where there are no children under the age of 16, couples have not been made aware of mediation or the “collaborative process” as an alternative to court action.

Denise Laverty of Gilson Gray Solicitors said: “Collaborative divorce, where lawyers, financial experts and family consultants help couples to resolve financial and/or childrelated matters outside of court, is usually cheaper and allows a couple to maintain some degree of control of the outcome.

“Once you can agree on the financial aspects of your separation, and if you either have no children or your children are over the age of 16, you can apply for a simplified divorce procedure through the Scottish Courts website. This costs as little as £125 compared to upwards of £25,000 for a court action.

“However, not all lawyers are collaboratively trained and not all clients are made aware of mediation or the collaborative process as an alternative to court action.

“As a result, many couples become embroiled in lengthy and expensive negotiations through solicitors, or one party has to rely on unreasonable behaviour allegations to raise a court action.”

CCS said that more Scots lawyers are now undertaking the collaborative training programme, which will improve access to collaboratively trained family lawyers.

Ms Laverty added: “There is still a lot of work to be done. There are still areas across Scotland where a couple will have to travel to be able to find a collaborative lawyer.”

Divorce rates in Scotland have been on a gradual decline since 1985. The latest statistics for 2017-18 show that the number of divorces granted in Scotland was 6,873, 13 per cent fewer than in 2016-17.

Lower divorce rates reflect lower marriage rates, as more Scots choose alternative options such as cohabitation or civil partnerships.