Member Article

Lawyers report increase in enquiries despite divorce decline

Divorce rates are at a 40-year low, but there has been a ‘marked increase’ in the number of couples seeking legal expertise regarding marital issues according to leading family law experts Banner Jones.

The latest figures released by the Office of National Statistics* show that there were just 111,169 divorces recorded in 2014; a 3.1% decrease on 2013 stats, and a staggering 27% drop since 2003.

But lawyers have warned that the downward trajectory isn’t necessarily an indication that more couples are lasting the distance, with the number of people in Yorkshire looking to agree child arrangements and allocate assets following a split increasing year-on-year.

“National divorce statistics may be at a 40-year low, but the number of couples in the region seeking legal advice following the demise of a relationship is not showing a similar decline,” according to Banner Jones divorce and family lawyer Toby Netting.

“One of the main reasons for this is the increased popularity of co-habitation, by which couples live together, buy houses together, pool their assets and, in many cases, go on to have children together; just without choosing to tie the proverbial.

“And whilst this by no means safeguards them against breaking up, if and when they do choose to go their separate ways they aren’t going to be one of the couples reflected in the ONS figures.”

The firm went on to say that they had received a 58% increase in separation enquires across its family law division in 2016 compared to the previous year, with the number of couples looking to establish pre and post nuptial agreements also on the up.

Toby Netting said: “Fewer people are choosing to get married compared to a decade or so ago, and those who do are more inclined to enter proceedings with caution – often agreeing how they will separate their assets in the event of a break-up before they find themselves in that situation when things may well get heated.

“And whilst such agreements still carry a certain amount of stigma, pre and post-nups aren’t necessarily a bad thing. For the most part they are clear agreements entered into willingly by both parties and, should a relationship come to an end further down the line, they can save a lot of heartache and money.”

Banner Jones’ family law team, which offers a full range of services from advice regarding civil partnerships and collaborative law, through to financial, family business and care proceedings representation, is also poised for the traditional seasonal Divorce spike.

Typically associated with the first Monday back at work post-holidays ‘National Divorce Day’, as it is known in the media, can result in a spike in enquiries of around a third more than usual levels. Financial pressures brought about by Christmas, increased pressure on unhappy couples forced to spend time together and the desire for a fresh start are all contributing factors.

Toby said: “Sadly, rumours of a spike in January divorce enquiries are not unfounded. Often people have set the wheels in motion before they take time off work for the holidays, but the first Monday of the New Year – which will fall on the 9th of January in 2017 - seems to act as a catalyst for action.

“The decorations are packed away, the kids are back at school and at that point there are few reasons to put proceedings on hold any longer.

“Needless to say our role is to ensure that we gather all of the relevant information and advise the client on the various mechanisms available, helping identify the best course of action for them and their families through what can be an incredibly difficult time.”

*ONS statistics: http://www.ons.gov.uk/peoplepopulationandcommunity/birthsdeathsandmarriages/divorce/bulletins/divorcesinenglandandwales/2014

This was posted in Bdaily's Members' News section by Sarah Steel .