Divorce – The Facts
"January doesn't only bring bad weather and debt from an over-extended Christmas spree. It's also true that more people start divorce proceedings in the first weeks of the New Year than at any other time, and the majority of petitioners are women."
Angela Beck of Beck Solicitors in Harrogate is familiar with these sobering statistics.
"In 2003 over 150,000 divorce petitions were granted and 7 out of 10 of them were brought by the wife. Just under half this number was for unreasonable behaviour and a quarter for adultery."
So, if you are considering the steps, what are the options? Firstly, although divorces are inevitably traumatic, they don't have to be a shouting match. It is possible to get a divorce that avoids having to apportion blame to one party if the couple agrees and have separated for two years. The longest route is separation without consent, which can take five years or more.
Mediation is the new buzz-word in family law and is useful for couples that have grown apart or who don't want to cause unnecessary bitterness and it is particularly useful when there are children involved in the relationship.
When you first see a divorce solicitor there is at least a little good news - your first visit for advice may only cost you £10 or less or may even be free. The bottom line for divorce is always money. "The harsh reality is that assets have to be split two ways" says Angela Beck, "and this inevitably means a reduced standard of living for perhaps five years or so".
The Courts do not use any set formula, which means that every case is judged on its merit. The key to this is what's reasonable, how good your solicitor is and how determined you are. However, finding out what your partner's really worth can be tricky.
Honesty is essential. If you "forget" to mention assets that are discovered later your eventual settlement might be worse than you thought. Your solicitor can only give you a realistic settlement figure based on the information you give them.
So, if Christmas and it's aftermath have driven you to breaking point, then you are not alone. But at least married couples have long established legal rights, unlike co-habiting couples who have virtually none, but this is for a future article.
See also: Family Law