Christmas pressure and mounting bills can make January a peak season for instigating divorce proceedings.
But a Dundee lawyer has urged couples considering splitting to keep cool and think carefully before taking action.
Google searches for ‘divorce’ tend to peak just after Christmas and many solicitors report a surge in inquiries on the first working Monday of the year, dubbed Divorce Day.
Legal firm Lindsays says demand for advice on separating can continue through the month as couples are tested by the festive season and mounting bills afterwards.
How to keep divorce costs down
Its family law expert in Dundee, Jennifer Gallagher, says those headed down that path should try to find common ground to avoid greater divorce expense.
Family law partner Jennifer says divorcing couples can cut legal costs by reaching agreement on as much as possible themselves.
She said: “No-one likes to see a marriage come to an end. For some, though, divorce is the best course.
“How you approach that is critical, though, both from a wellbeing and financial perspective.
“People who get in touch with us early in the New Year have often spent months – sometimes years – thinking about divorce, but fears of upsetting families, being alone or facing a challenging financial situation have put them off.
“Time together over Christmas can, however, prove the tipping point.”
Kitchen table talks can prevent court ruling
Jennifer, a Law Society-accredited mediator, offered divorce advice on reaching ‘kitchen table’ agreements – rather than having matters settled by a judge.
She said: “It’s important that couples who want to separate can – and the most straightforward separations are where they find a way to communicate with each other to reach as much agreement as they can themselves over settlements.
“Lawyers can provide initial advice so that there is a general understanding of the law then help fine-tune the details or simply formalise any agreement reached, which avoids the legal costs associated with lengthy negotiations or failing to avoid the courtroom.”
Agreeing financial arrangements can often be the trickiest part, she said, and sometimes financial advisers and life coaches can be brought in to help.
“If there are emotional hotspots causing a blockage to sensible financial negotiation, this gives a forum for these to be aired, recognised and dealt with.
“Working by negotiation, you can be creative, taking account of circumstances such as tax implications and the practicalities of implementing an agreement that works for you both, rather than having something imposed in a courtroom.
“It’s better – and more cost-effective – for everyone.”
- Lindsays, which has offices in Dundee, Perth and Crieff, also advises seeking relationship and mediation advice from organisations like Consensus Scotland and CALM Scotland, which it works with.
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