Research on Twitter by Wake Smith has revealed that not being able to spend time with their children is the thing most people fear about starting a divorce.
The social media survey, conducted by Wake Smith’s Family department, gave respondents four options to choose as to what made them most nervous about splitting with a partner.
More than a third (36 per cent) said arrangements to see their children would put them off starting divorce proceedings.
This was closely followed by losing their assets (27 per cent), the cost of solicitor’s fees (27 per cent) and attending court (10 per cent).
Lindsey Canning, Director and family law solicitor at Wake Smith, looked to reassure individuals.
She said: “If parents separate, they will naturally want to do what is best for their children by establishing appropriate child arrangements with the other parent
“It is rare for a court to order that a parent should not spend time with their child, to the contrary the court promotes a child spending time with both parents, unless there are welfare issues.”
The research backed the generally held view that divorce is always an expensive process. Lindsey was keen to reinforce it is not.
She added: “A simple, uncontested divorce can cost £500 + VAT and Court fees of £550.
“Financial matters agreed at the start may cost between £400 - £500 + VAT and Court Fees of £50.
“It is when issues relating to both children and finances become complicated and contested that legal costs may begin to significantly increase.
“Here at Wake Smith, we charge on a “pay as you go” basis so that our client are always informed and up to date as to their legal fees.”
More than a quarter of respondents to the Wake Smith survey cited losing assets as a result of a divorce as a reason not to divorce.
Lindsey added: “It is a reality that when a couple separate, the division of their assets will have to be determined.
“Over the years, a couple will usually build up marital assets and those assets will be divided to establish a financial grounding for the future, whether this be for example, a deposit for a new property or a share in each other’s pensions in retirement.”
Finally, 10 per cent of those taking part in the survey were worried about attending court.
Lindsey added: “The majority of clients have never even see a court.
“Where a divorce is uncontested and the finances agreed, then the whole process should be a paper exercise.
“Sometimes court proceedings are necessary to resolve issues where the parties cannot agree on a settlement or a particular issue.
“We always try to encourage sensible negotiation as to avoid the cost and anxiety of the court process, but sometimes, going to court is necessary.
“Often, one party may not be co-operative or may have the wholly wrong idea as to how resolution of the finances or children should be achieved.
“On occasions, there can be no alternative but to ask a Judge to determine the outcome of a case when the parties cannot.”
Despite the views about divorce, figures are up.
According to the latest release from the Office of National Statistics there were 106,959 divorces of opposite-sex couples in 2016, an increase of 5.8 per cent compared with 2015, with men and women getting divorced at a rate of 8.9 per 1,000 married people - up 4.7 per cent.
Divorce rates among opposite-sex couples in 2016 were highest among men aged 45 to 49 and among women in their thirties (ages 30 to 39) – reflecting that women generally marry men older than themselves.
Men are increasingly more likely to ask for divorce nowadays. The figures also showed the continuation of a steady increase in the proportion of divorces granted to men due to their wives' behaviour.
Of the 106,959 divorces granted in 2016, 41,669 were granted to men - the equivalent of 39 per cent of all divorces.
The most common grounds for divorce was unreasonable behaviour, with 36 per cent of all husbands and 51% per cent of all wives petitioning for divorce on these grounds.
Lindsey concluded: “many couples remain married believing they are doing the right thing. These are important considerations. However “I would like to see people make choices based on sound advice and knowledge.”
For further advice on divorce please contact Lindsey Canning at [email protected] or call 0114 266 6660.
