Divorce Day: Why is January so popular for divorces?

Posted on 8th January 2024 by McAlister Family Law

Divorce Day: Why is January so popular for divorces?

It is a common belief and widely reported in the media that January is the most popular time of the year for married couples to start divorce proceedings. Here, McAlister Family Law Trainee, Adele Mawdsley, looks at some of the reasons why divorce rates are known to peak after the Christmas break.

Does Christmas Play A Part?

One suggestion is that there is a significant amount of stress on parents to create the ‘Perfect Christmas’ for their children. One of the biggest stresses in day-to-day life, especially at Christmas time, is financial stress.

Christmas time is hard on a lot of parents financially. According to the Institute for Divorce Financial Analysis, Money issues are responsible for 22% of all divorces, which can be magnified at Christmas especially with the ongoing cost of living crisis we are facing in the UK right now.

Couples may delay divorce proceedings until the new year to avoid disruption to their family. There can be a lot of pressure on couples, at Christmas, to look and act the part for their children and families. If you take away the Christmas gloss, couples may begin to notice substantial cracks in their relationship and the Christmas period can shine a light on their struggling situation, with them glad they made it through this period. Sadly, some come to the realisation that the marriage has come to an end.

The narrative of the media is that couples have admitted to staying with their other half for their children’s sake. Further to this couples have also reported in the media that they stay together for Christmas, so the children were not disturbed during the festive season. This could be why we see a significant rise in divorces on “Divorce Day” in January.

What is ‘Divorce Day’?

So-called “Divorce Day” falls on the first working Monday of the new year, this year it will fall on 8^th January 2024. This day is known by legal professionals as the day which reportedly sees a surge of new enquires from couples who wish to apply for a divorce after the Christmas period. Statistics show that women are more likely to apply for divorce than men during this period, with 63.1% of divorces being instigated by women.

“Divorce Day” is a term used in the media to highlight the rise in cases in the new year but, obviously, divorces are issued all year round, with spikes being seen at other notable times of the year, like September after the summer holidays, for example. The rise in cases after school holidays may be because couples spend more time together then or they may have one last attempt at their marriage, which sadly has not worked.

Spending time with family

Some couples find it particularly hard to be cooped up at home, spending time with extended family members that they might not be used to spending time with, at Christmas time. The Christmas period can often highlight the realisation of how family life could be and what difficulties they are facing. This can put a lot of pressure on couples and, when the Christmas dust has settled, it pushes some couples towards separation.

‘New Year New Me’

Everyone has their new year’s resolutions when we enter into a new year. People want a fresh start and if their marriage is already under strain, they may form a plan to separate. therefore leading to a potential spike in new divorce enquires in January.

Divorce

So, what do you do if you are thinking of separation or even divorce? Get advice from an expert. Our team of specialist divorce solicitors can advise you about the divorce procedure.

The new law divorce law, which came into force in April 2022, more commonly known as ‘No fault divorce’ removes the requirement to assign blame and provide evidence of conduct or separation to obtain a divorce. This will hopefully allow your divorce to be more amicable.

If you or someone you know is affected by the issues raised in this blog post, we can provide you with expert legal advice. For more information, please get in touch with our specialist team at hello@mcalisterfamilylaw.co.uk

I’m getting a divorce – Will I get support from my employer?

Posted on 14th September 2023 by McAlister Family Law

I’m getting a divorce – Will I get support from my employer?

Going through a divorce is undoubtedly one of the most difficult things a person can experience. Going through a divorce whilst also working however can seem an impossible task. Here, Weronika Husejko looks at the pressure on divorcing couples and explores how employers are providing support to their divorcing employees.

Most people suffer from an extreme amount of stress when separating from their spouse, the breakdown of the marriage being a significant change to their life. In addition to coping with the emotional side of the break-up, spouses must also deal with the practical side, to formalise the separation, which can be overwhelming.

The majority of separating spouses have financial ties, such as jointly owned property, which will need to be divided. One of the toughest parts of a divorce is usually when the couple must make a decision as to how these assets should be divided, particularly in cases where there are not enough to meet both spouses’ needs.

Dealing with these types of financial matters upon separation is challenging and emotionally draining, particularly for those who end up in Court proceedings, due to their time consuming and costly nature. For example, those in Court proceedings are usually required to comply with several Court directions, including attending Court hearings, which is a stressful experience in itself.

A divorce is therefore very demanding and as a result, it is not uncommon for employees experiencing a marital breakdown to feel torn between their job and their divorce, this often having a detrimental effect on their mental health. Historically speaking this has been something which most employees have unfortunately been expected to endure.

The BBC have however recently reported that some companies are beginning to introduce and build policies which are intended to help their employees in navigating a divorce.

By way of example, some companies are offering benefits such as: –

Paid time off to attend things such as solicitors’ meetings or mediation.
Flexible working arrangements
Access to emotional and mental health support
Access to legal advice

There are also organisations in the UK which are trying to promote more family-friendly policies like those mentioned above to help those going through the breakdown of a relationship. For example, the Positive Parenting Alliance have called for a separation to be recognised as a ‘life event’ by employers in HR policies and have also suggested that employees going through a separation should be offered support by way of counselling if needed.

Tesco is one of the first large companies in the UK to provide their employees with this type of support, as recommended by the Positive Parenting Alliance.

In summary, whether you get any support from your employer during your divorce will be dependent upon their specific company policy, so you may wish to consider speaking to your HR department about the options available to you.

It does seem that there is a shift happening with more companies recognising the difficulties involved in a marital breakdown. In my view, this is a positive shift which also demonstrates an increasing awareness of the importance of mental health generally, which will hopefully result in more people receiving the support they need during what is a very difficult time.

Are pre-nuptial agreements only for the rich and famous?

Posted on 31st August 2023 by McAlister Family Law

Are pre-nuptial agreements only for the rich and famous?

As seen with the ongoing separation of Hollywood star Kevin Costner, pre-nuptial agreements are often considered something that is limited to the super-wealthy or the Hollywood Hills. McAlister Family Law Associate, Aaron Williams, aims to shed light on what prenuptial agreements entail and whether they hold legal weight in the United Kingdom.

Prenuptial agreements, often referred to as “prenups,” are legal documents that couples enter into before marriage or civil partnership to outline the division of assets and financial responsibilities in the event of separation or divorce. A prenuptial agreement is a legally binding contract that helps couples establish financial boundaries and protect their assets in the event of a relationship breakdown. Although these agreements are more commonly associated with high-net-worth individuals, they can benefit any couple looking to safeguard their financial interests.

The primary purpose of a prenup is to provide clarity and certainty regarding the division of assets, debts, and other financial matters. It allows couples to determine how their property, investments, inheritances, and business interests will be divided in the event of separation or divorce. Prenuptial agreements can also address issues such as spousal support and the allocation of debts, providing a comprehensive framework for resolving potential disputes. Prenuptial agreements are legally recognized in the United Kingdom, but their enforceability is subject to the discretion of the courts. While they are not automatically binding, they carry significant weight if certain conditions are met.

To ensure the enforceability of a prenuptial agreement, it must be entered into willingly, with both parties having received independent legal advice and provided full financial disclosure. The agreement should also be fair and reasonable at the time it is made, taking into consideration the future needs of both parties and any children involved. It is important to note that the courts retain the power to depart from the terms of a prenuptial agreement if they deem it unfair in the circumstances. Factors such as the length of the marriage, the welfare of any children, and significant changes in the parties’ financial situations may be considered when determining the enforceability of a prenup.

Prenuptial agreements offer couples a valuable tool for establishing financial arrangements and protecting their assets in case of a relationship breakdown. While not automatically binding in the U.K., a well-drafted and fair prenup, entered into with full disclosure and legal advice, can carry significant weight in court proceedings.

Am I entitled to continue the lifestyle to which I have become accustomed if I divorce?

Posted on 13th July 2023 by McAlister Family Law

Am I entitled to continue the lifestyle to which I have become accustomed if I divorce?

The end of a marriage often leads to a lot of financial worry for those involved. One factor that many are concerned about is will they be able to continue to afford the lifestyle that they had with their spouse during the marriage. Here, McAlister Family Law Partner, Fiona Wood, looks at what the judges will consider when dealing with the financial aspects of a divorce.

When a financial settlement is made in divorce proceedings the judge will have to look at dividing the capital assets and pension assets in a way that meets both spouse’s capital needs (this is usually housing needs, paying debts and funding retirement – if there are reasonable pension provisions). Once the Judge decides what capital and pension assets the spouses will have, they can then consider if one spouse needs spousal maintenance from the other, or a capital sum in lieu of spousal maintenance, to assist them to meet their needs.

A judge has to consider the lifestyle that the couple enjoyed during their marriage, when considering what a fair settlement is. However, if the couple’s assets and incomes are modest, inevitably both their lifestyles will be negatively impacted by them divorcing. The greater the couple’s assets and income the more likely they will receive a financial settlement that allows them to continue the lifestyle that they had during the marriage.

When dealing with the financial aspects of divorce it is usual for both spouses to state how much they need to buy a house, if they are not saying that they want to stay living in the family home. Where there is less capital, both of the couple may have to downsize as part of their divorce settlement. If there are more assets one may be able to keep the family home and the other purchase another property of a similar value. The value of a house that is suitable for each spouse depends upon the couple’s assets and can be a point of dispute between the couple.

Divorcing spouses also need to state their income needs. Not only does this include essential expenditure such as mortgage payments, food and utility bills, it can also include less essential expenditure such as holidays, entertainment, gardeners etc. Those with significant wealth have huge schedules of income needs, including staff, private jets and the funding of several properties. If the couple cannot agree their settlement and a judge has to adjudicate on the issue, it is likely that they will be asked about their stated income needs and to justify them. To justify them they need to show that this is the level that you and your spouse spent at during the marriage. It is the lifestyle that you had.

Judges are critical of those spouses whose income needs are more of a wish list than a reflection of the lifestyle enjoyed during the marriage. For example if you and your spouse only had one holiday a year in Europe, if you are now saying that you need sufficient money from your spouse to fund several holidays a year, including long haul destinations, a judge is unlikely to say that this is reasonable.

You are not automatically entitled to continue the lifestyle to which you have become accustomed if you divorce, but the lifestyle that you enjoyed as a couple is relevant, and if there is sufficient capital and income it is likely to be maintained,

If you are worried about your financial future if you divorce, you should take advice from an expert family lawyer.

The cost-of-living crisis and its impact on financial remedy proceedings

Posted on 20th October 202224th January 2023 by McAlister Family Law

The cost-of-living crisis and its impact on financial remedy proceedings

One of the most discussed topics over the last few months has been the anticipated increase to the cost of living in the UK. The Office for National Statistics state that 9 in 10 adults in Britain have reported an increase in their cost of living. Here, Weronika Husejko takes a closer look at the impact of the cost-of-living crisis and how it will impact financial remedy proceedings.

What impact will this have?

Whilst the Government have recently announced measures to help tackle the crisis, including tax cuts and a £400 energy discount, there are other factors such as inflation which will inevitably increase all of our expenditure going forward.

The cost-of-living crisis is expected to see individuals fall into more debt than usual, experiencing difficulties meeting their standard outgoings and ability to afford other activities such as holidays.

This will be ever more relevant for those going through the process of separation, in particular those with a mid to low income. They will be amongst those most impacted by the significant increase in expenditure, one of the reasons being that it can be very difficult to adjust from a household with two incomes to that of one. Outgoings naturally increase upon separation as there are two households to upkeep as opposed to one.

Will this be taken into consideration within financial remedy proceedings?

When financial remedy proceedings are issued, the Court will direct that both parties are to complete a Form E of their financial disclosure. Within that form, there is a section relating to the income needs of yourself and your children.

Your income needs are your general expenditure, whether that be on an annual, monthly or weekly basis. This involves detailing a list of your regular outgoings such as rent, utility bills, food and clothing. This is an important part of financial remedy proceedings as it allows the Court to see what your outgoings are and how much you need to meet them. They can then compare it to how much income you have.

You are given the opportunity to state not only your ‘current’ income needs, but also your ‘future expected’ income needs. This is because the Court consider both current and future needs. Therefore, in circumstances where you expect your income needs to change, whether that be higher or lower, you can make this clear to the Court within your Form E.

The Form E also includes a ‘liabilities’ section which allows you to disclose any debts you have. Generally, ‘hard’ loans e.g. bank loans or credit cards will be taken into account by the Court, even if they have been incurred post-separation. As a result, if your debts increase due to the current economic circumstances, this may be relevant within financial proceedings.

It follows that if you have been or are going to be impacted by the cost-of-living increase, this may be taken into consideration by the Court within financial remedy proceedings.