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    Law Commission publishes scoping report on financial remedies

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    The Law Commission has published a scoping report dealing with financial remedies on divorce and dissolution on 18 December 2024.  This report has been prepared to ascertain whether the current law provides a coercive-enough framework for couples going through divorce or dissolution, to identify problems with the current law, and to suggest models for which reform could be based on.  It is important to note that the Law Commission is clear that they are not recommending a reform for the law itself within the report.
    Judit Kerese, Associate at Stowe Family Law, explores the report.
    The law that governs financial remedies on divorce is the Matrimonial Causes Act 1973.  The court has a wide discretion to decide how Orders should be made.  Whilst Section 25 of the Matrimonial Causes Act sets out the list of factors that the court would consider when deciding on finances, these are interpreted subjectively by legal practitioners and judges. Another issue is that there is a lack of definition for the purpose or objective of the statute itself.  Whilst published case law helps in understanding how the statute is to be interpreted, for example setting out that there is an equal sharing as a starting point, there is no definition of what fairness or what needs are.
    The main issue identified by the report is that the wide discretion and uncertainty around the law makes it difficult for divorcing couples to understand what a fair settlement would look like, and the court’s level of discretion encourages a disagreement.  Given that each individual situation is interpreted subjectively, people can be given different advice about expectation of an outcome.  This is even more problematic for those that cannot afford legal advice.  The report is concerned that this level of uncertainty is promoting dispute rather than settlement.
    Read about the importance of a financial settlement.
    The report sets out recommendations for four models which law reform could be based on:

    Codification which brings settled case law principles into statutory form, and whilst the substance of law would not be reformed, it would be presented within a coercive framework.
    Codification plus would bring the above-mentioned codification in addition to some reform of the law.
    Guided discretion would require that legislation is set out as to how discretion can be exercised and it would provide a similar framework as to what some other countries already exercise.
    Default regime would set out a new set of rules to dictate a high level of certainty, retaining the possible use of some limited discretion, this is widely used in some European jurisdictions whereby a number of pillars deal with each aspect of the finances on divorce.

    The scoping report and its recommendations are widely welcomed in the family law community.  The report is a helpful summary of the issues we face day-to-day.  Whilst it is important to remember that no two cases are ever the same, having a framework in which parties can expect a fair outcome would be helpful to provide a level of certainty.  Suggestions of further definitions such as setting out what ‘needs’ are also welcomed as parties often have very differing expectations of what they can expect to receive to ensure that their capital and income needs are met.
    The Law Commission’s report also touches on other areas of family law that could be considered for reform.  For example, the Law Commission previously recommended in their 2014 report that there should be an option for marrying couples to have a “Qualifying Nuptial Agreement” in place.  Currently, Pre and Post Nuptial Agreements are not legally binding, however they will be recognised by the court and have a decisive weight as long as they are prepared the right way.  This is another example of how the law currently does not provide certainty even when parties have the intention for an agreement to be binding.

    Another area of reform recommended is how conduct is considered in financial cases.  As the law currently stands, conduct is only considered in very few cases where the conduct is such that it would be inequitable to disregard. It is difficult for conduct to reach this threshold even when there is ongoing serious domestic abuse present in a relationship as it is often difficult to prove that it is “gross and obvious” in the current interpretation.  The Law Commission recommends that there should be a review of how conduct is considered and that there should be a greater recognition of domestic abuse itself as conduct.  Case law could clarify what forms of behaviour would be considered as contact conduct, the impact that it would have on a financial claim and a process used when making allegations of conduct.
    Finally, there is also recommendations within the report for there to be clarity around pensions.  The report states that 24% of divorcing couples did not know if their spouse even had a private pension, let alone about the value of the same.  Statistically, women are less likely than men to know if their spouse had a pension and men tend to have greater pension provisions.  Whilst the court can make Orders dividing people’s pensions, only 11% of divorcing couples had pension sharing arrangements in place.  The report expressed concerns over the fact that even if there is pension offsetting, this may leave the financially weaker party in an unfair situation as their long-term financial wellbeing is potentially ignored in favour of ensuring that their immediate needs are met.

    Overall, the recommendations of the report are welcomed and it is hoped that the government will consider this with an interim response shortly as well as with a full response in due course.  It is hoped that if there was a framework in place, couples could go through divorce more amicably ensuring that they are fully aware of what a  fair outcome in a case would be.  It is apparent that certain areas such as Nuptial Agreements are due for reform considering that the previous report with recommendations was published 10 years ago.  We have seen a significant increase in a number of Pre and Post Nuptial Agreements prepared and it is therefore evident that many couples entering into marriages and civil partnerships wish to have their intentions around financial matters recorded in a legally binding way.

    Useful links
    Prenups, petnups and postnups: a pragmatic approach to marriage
    New report calls for fairer outcomes for victims of domestic abuse in financial remedy proceedings

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      in Children

      Legal Q&A: “We’re separating after 16 years, what are our rights?”

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      Family Lawyer Judit Kerese answers key questions about unmarried separation and shares guidance on how separating parents can secure and future-proof their agreements, even without the formal legal framework of a divorce.

      “After 16 years of marriage, we’re separating and unsure what our legal rights are. We have two children, aged 7 and 10, and their happiness and stability are our top priority. We both work full-time and we own our home. We’re considering birdnesting to minimise disruption for the kids. The family home is our main asset, so we need to figure out how to make this financially feasible. We’re on good terms, but navigating the practicalities of separation is feeling overwhelming.”

      Q: Does not being married affect our legal rights in separation?
      A: First of all, I completely understand how overwhelming separation must feel, especially after sharing a life and family for so long. With some guidance we can help to ease the strain on you both.
      It’s important to know the law in the England and Wales does not recognise “common law marriages,” even after 16 years of cohabitation. This means that you don’t have the same legal protections a divorcing couple would have when it comes to dividing assets or seeking financial support from each other.
      As your main asset is the jointly owned home, we’d need to check whether you own the property as joint tenants, where both owners have equal rights to the whole property and it automatically passes to the surviving owner upon death, or tenants in common, where each owner holds a specific share of the property that can be passed on to beneficiaries of their choice.
      If you are joint tenants, you both own the entire property equally, and severing this agreement might be worth considering so you each have a defined share. This also ensures that your portion can be passed on to someone of your choice through your Will, rather than it automatically going to your ex-partner. 
      This is a lot to process, but knowing where you stand legally is a crucial first step. 
      Read more about property and separation: Buying a home with my partner: What if we split?
      Q: We’ve decided on a 50/50 parenting arrangement after separation. How can we ensure this works well for the children in the long term?
      A: It’s commendable that you’ve come together to agree on shared parenting. Having both parents equally involved can help give your children a sense of stability as they adapt. 
      Once you’ve agreed detailed arrangements for your children between yourselves, we recommend that you draw up a parenting plan to refer back to if needed. This is a written agreement that can outline a range of decisions including:

      How you will rotate childcare.
      Who picks the kids up from school.
      How holidays and birthdays will be managed.
      Decisions about school and health.
      How costs and expenses will be split.
      Parenting approach and boundaries.
      How often you will review the parenting plan.
      Any detail that is important to you and your family.

      This plan helps minimise misunderstandings or disputes further down the line and helps to ensure everyone involved knows what to expect.
      Q: What are our options if we can’t see eye-to-eye?
      Even with the best intentions, disputes can arise and create barriers to amicable agreements.
      If you and your ex are not able to resolve issues between yourselves, family mediation can help. With the support of an impartial mediator, you can talk matters through and find solutions collaboratively. If mediation is unsuccessful, you can enlist the help of a Family Lawyer who will negotiate on your behalf and work to forge a plan that meet’s your child’s needs.
      Where issuing court proceedings is the only way to find a viable resolution, your lawyer can help you apply for a Child Arrangements Order through the court. This means a judge will decide where the children will live and how much time they spend with each parent, making it a last resort when all other avenues have been exhausted.
      It’s never easy, but being proactive about planning can prevent unnecessary distress for children and parents alike.

      Q: We want to keep the house and ‘birdnest’ so the children can stay in their home. Is this realistic? 
      A: Birdnesting, where the children stay in the family home and the parents take turns living there, can provide a sense of stability for the kids when other aspects of their life are changing. It means they can stay in familiar surroundings, which can be incredibly reassuring.
      However, this long-term arrangement comes with challenges, especially financially. It’s likely you will would need to maintain three homes: the family home and each of your separate living spaces. This could place a significant financial burden on both of you. Plus, over time, things may change, new relationships, different financial circumstances, or just the toll of maintaining such an arrangement long-term can make it difficult. 
      A practical solution would be to review the arrangement regularly. If it becomes too challenging, it’s important to have a plan in place to reassess the situation. Maybe you decide together when the children reach a certain age to move towards a more traditional arrangement. Flexibility will be key here. 
      Q: What about child maintenance or financial support, how does that work? 
      A: Child maintenance is handled by the Child Maintenance Service (CMS) in most cases, which ensures both parents contribute to the children’s expenses. Since you’ve agreed on 50/50 parenting, maintenance may not be necessary unless one of you earns significantly more than the other. In that case, adjustments could be made to ensure the children’s needs are met. There is a useful government tool to help you calculate child maintenance and ensure your children continue to get the right financial support as they grow up.
      Many parents decide to agree that additional payments, such as the cost of extra-curricular activities, are met jointly or in proportion with each parent’s respective income. 
      It’s worth noting that because you’re not married, there’s no right to spousal maintenance. However, if one parent struggles to meet the children’s basic needs using their own resources and child maintenance payments, they can apply for financial support under Schedule 1 of the Children Act. 
      Q: As we separate, should we make a legal agreement to protect ourselves and the children?
      A: Yes, I would highly recommend drafting a detailed separation agreement. This can outline how you’ll handle day-to-day financial responsibilities, maintenance of the family home, who can and cannot stay at the property, and how decisions about the children will be made. While this type of agreement isn’t strictly legally binding, courts often take it into account if disputes arise later. It also serves as a helpful guide to avoid misunderstandings. 
      It’s a good idea to include some flexibility and provision for review of the agreement. Life changes – whether it’s finances, living arrangements, or new relationships – so it’s important to have clauses that allow you to review, adjust, and even end, the agreement as needed. For example, you might decide to sell the family home in the future, and having a clear plan for how that will be handled could prevent conflicts when the time comes. 
      Understanding the broader impact of separation
      Separating after such a long time, especially when you share children, is an emotional and complex process. You’re not just navigating the practical aspects of splitting assets and parenting, but also dealing with a huge emotional shift in your family’s life. 
      Being mindful of the toll this takes on you all means that clear communication and careful planning will be your strongest tools. The goal is to find solutions that work for everyone, allowing your children to feel supported and secure while giving you both the space to move forward with your lives. 
      Summary of recommendations for separating parents

      Legal advice on home ownership: Determine if you own the house as joint tenants or tenants in common. If it’s joint tenants, consider severing the tenancy to formalise each partner’s share, which will protect you legally in the future. 
      Parenting plan: Formalise your 50/50 arrangement with a detailed parenting plan. This will help reduce misunderstandings and create stability for your children. 
      Financial feasibility of birdnesting: Regularly assess whether maintaining multiple homes is financially sustainable. Consider creating a separation agreement that allows for periodic reviews of this arrangement. 
      Separation agreement: Draft a separation agreement that includes financial responsibilities, maintenance of the family home, and a plan for future changes such as selling the property or new relationships. 
      Mediation for disputes: If disagreements arise, mediation can be an effective and less stressful alternative to court. It’s often less adversarial and can help keep focus on the children’s wellbeing. Do consider seeking legal advice during the mediation process.

      Separation FAQs
      Q: Will a separation agreement protect us if we fall out in the future? 
      A: While it’s not legally binding, courts often respect separation agreements if they are clear and agreed upon by both parties. Having a structured plan in place can prevent misunderstandings and disputes in the years to come. 
      Q: What happens if our financial situation changes, and we can’t afford the birdnesting arrangement anymore? 
      A: It’s important to include a clause in your separation agreement that allows for regular reviews of the birdnesting arrangement. Doing this means that if the situation becomes unaffordable, you can renegotiate or bring the arrangement to an end. 
      Q: We’re trying to avoid court. What should we do if we can’t agree on something? 
      A: Mediation is usually a great tool when discussions break down. It’s less confrontational than going to court and can help you resolve disputes in a more collaborative, and cost-effective way. It’s vital to also get independent legal advice to ensure that you understand your rights. 
      The process of separating is undoubtedly challenging on many fronts but by seeking the right guidance and taking these practical steps, you can help reduce the strain on both you and your children.  
      It’s about balancing the need for fairness and financial security, sensitively managing the emotional impact of unmarried separation, all while prioritising the needs of your children. By keeping things constructive and focused on reaching workable solutions for the future, you can navigate this transition as smoothly as possible.  
      Useful links
      Cohabitation rights and separation

      How to successfully co-parent More

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      in Family Law

      What does the Autumn Budget mean for Family Law?

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      Labour’s first budget in 14 years was delivered on 30th October 2024, bringing in significant changes for tax particularly. But what does this mean for family law, and people going through divorce and relationship breakdown?
      Capital Gains Tax 
      One of the biggest changes for couples going through divorce is the increase to Capital Gains Tax (CGT). From the end of October 2024, the tax rates will have increased from 10%-18% for basic rates taxpayers, and 20-24% for the higher rate taxpayer.
      This significant rise is likely to impact a wide spectrum of couples who have assets where CGT will be applied upon sale. For example, couples with investment properties, second homes, stocks outside Isas and even collections of jewellery or artwork will be affected.
      The increased rate will mean any assets sold as part of the financial agreement will be subject to more tax. This reduces the overall profit from sale, shrinking the matrimonial pot and therefore how much is available to share between the separating couple.
      Where couples are amid their financial negotiations, it is best to seek expert legal and financial advice to fully understand the effect that this change might have, and where adjustments might need to be made before making a final settlement.
      If the ex-couple has finalised their financial consent order and it has been approved by the court, unfortunately the agreements made within this settlement will be legally binding. Once a financial order is made by the court, it is extremely difficult for it to be amended, so the ex-couple may be faced with less income from yet-to-be sold assets.
      If you are already divorced, with a financial settlement in place, you may be able to make an informal agreement with your ex-spouse based on the updated income you are likely to get from CGT-applied assets. However, your legal arrangement will still stand. If you have concerns, please contact an expert financial adviser.

      Inheritance Tax
      In the weeks leading up to the Budget, the media reported a number of expected changes around inheritance tax. However, the Chancellor announced that inheritance tax rates would continue to be frozen for the next two years.
      Although this does mean no change yet to lower the nil-band rate, the further freeze will mean that an increasing number of people will be subject to greater tax liability as the value of assets increases over time. This therefore means their beneficiary receives less in the way of inheritance.
      Please speak to an expert financial adviser
      Private School VAT
      From January 2025, the VAT exemption currently applied to private schools in England and Wales will be removed, meaning some schools may have to increase their fees. This could well have a direct impact on divorced couples, and those currently negotiating settlements. Where private schools feature, fees should always be included as part of a settlement. However, if these fees rise by 20% because of the removal of the VAT exemption, further negotiation may be required.
      It is important to note that if the rise in school fees means there is not enough money to share between the separating couple, a judge is likely to require that the children be moved out of private education.
      Parents who have sealed agreements will be bound to these, although it may be possible to make an informal arrangement and ask the non-paying parent for more money. Where this is refused or impossible, children may need to be moved into state education.
      Conclusion
      If you are currently going through divorce, please seek expert legal and financial advice to understand the potential impact of the autumn budget on your negotiations.
      If you struggle to make progress in discussions with your ex, mediation and other non-court resolution methods can be very helpful. Talk to an expert family lawyer about your suitable options.
      Useful Links
      How to protect your money during divorce
      Private school fees after divorce
      Do I need a financial settlement?

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      in Family Law

      New report calls for fairer outcomes for victims of domestic abuse in financial remedy proceedings

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      Resolution has recently released a new report offering insight into the interplay of domestic abuse and financial settlements in divorce, making recommendations for better protection for victim-survivors.
      Resolution is an organisation made up of family justice professionals who work with families and individuals to resolve disputes and issues around familial breakdown in a constructive way.
      The report calls for a cultural shift in the family justice system to better meet the needs of victim-survivors of domestic abuse, particularly when they are seeking financial resolutions upon divorce. The organisation conducted a survey of 500 family justice professionals, where 80% of respondents felt domestic abuse as not sufficiently considered by the court when deciding financial outcomes in divorce.
      Resolution have made a number of recommendations to help improve the experience of domestic-abuse victim survivors going through financial proceedings and reduce the long-term financial and emotional impact of divorce.
      There has also been discussion around the amount of ongoing abuse that occurs from the point a couple separates until the Court makes orders, particularly where perpetrators use the system to abuse their ex-partner further, economically, and emotionally.
      Judit Kerese, an Associate at Stowe Family Law, responds to the recommendations made by Resolution.
      The report has been a long-overdue insight into a system that currently is failing victim-survivors of domestic abuse. It is clear that family law professionals are aware of the desperate need for change. The recommendations, therefore, are welcome.
      It is all too common for perpetrators of domestic abuse to be in a position where they can assert financial control over their victim and continue to behave in a way that will either lead to victims not pursuing what they are entitled to upon separation, or simply having to be subjected to ongoing bad behaviour.
      One of the most significant recommendations is to amend the overriding objective of Part 1 of the Family Procedure Rules 2010 to mean that dealing with a case ‘justly’ means to ‘ensure the parties are safeguarded from domestic abuse’. Many victims of domestic abuse suffer from financial abuse in the short term, and often return to their abuser due to fear of financial stability. Ensuring parties are protected throughout proceedings will hopefully minimise cases of this.
      Further, the recommendation of amendments to the Financial Remedies Court Efficiency Statements to include specific reference to the need to ensure that financial proceedings are not used by perpetrators to facilitate domestic abuse, is a welcome change. There should be robust measures in place to prevent such behaviour, and ensure, as with changes to the overriding objective that victim-survivors are safeguarded.
      However, there is still a way to go, and some recommendations need more attention. For example, increasing legal aid rates to help legal aid providers be sufficiently funded to act for victim-survivors. Although legal aid funding is limited, this could add additional pressure to domestic abuse victims, many of whom are not able to meet the payments already required. This may result in victims feeling trapped with their abuser due to financial worries.
      The Government’s response remains to be seen. With a recent change in Government, and focuses shifting, it may be a while before we see real change in this area, despite the urgent need and renewed calls. I hope there will be implementation of Resolution’s recommendations before long, to offer proper justice to domestic abuse survivors.
      If you or someone you know is in immediate danger, please call the police on 999 or phone the Domestic Abuse Helpline 0808 2000 247
      Please note that Stowe Family Law cannot offer Legal Aid.

      Useful Links
      Economic abuse in financial remedy proceedings
      Read the full Resolution report

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      in Family Law

      Property and divorce – Mesher Orders and Martin Orders

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      Dividing matrimonial assets after divorce is difficult at the best of times, but what options are there when there’s not enough money for both parties to rehouse independently Mesher and Martin Orders are legal tools used in divorce and civil partnership dissolution financial settlements to manage home ownership and sales, helping to adjust finances when dividing matrimonial assets.

      They each address situations where there isn’t enough money available for both spouses to rehouse themselves by deferring the ‘clean break’ element of a divorce financial settlement and allowing one party to remain in a property whilst the other retains their interest in it.
      Because the parties retain their interest in the property even after their marriage has ended, both orders are complex and typically suitable only in specific circumstances.
      Here we explain the differences between the two orders and the scenarios in which they may be used.

      What is a Mesher Order?
      A Mesher Order allows for a delay to the sale of a property for a finite period of time, or until a specified event occurs in relation to the children of the family, enabling one party and children to continue living there.
      Importantly, under a Mesher Order, the home remains jointly owned by the former spouses, even after the divorce has been finalised. Each partner has a defined share, and it is possible for both parties to continue to be responsible for mortgage payments, maintenance, and insurance.
      Mesher Orders are often used when one partner wants to stay in the family home with the children of the family, but they don’t have the financial means to take over the mortgage alone or rehouse themselves in any other way.
      The ‘triggers’ for a sale will often include specified events such as:

      The couple’s youngest child turning 18
      The youngest child completing secondary education
      The resident partner remarries
      The death of the resident partner.

      At this point, the order will trigger the sale of the property, and the proceeds will be split between partners according to the agreed shares within the divorce financial settlement.
      What is a Martin Order?
      A Martin Order similarly allows for a delay to the sale of a property but enables one partner to have the right to live in the property for their lifetime or until they remarry.
      Unlike Mesher Orders, a Martin Order is not dependent on the age of children, so these orders are typically used to settle the division of assets of divorcing couples without dependent children.
      Martin Orders are appropriate when one partner would be unable to rehouse themselves if the marital home were sold. It must also be established that the other partner has the financial means to meet their housing needs, has other properties that provide sufficient housing or does not need the capital from selling the marital home to support themselves financially.
      Rather than being linked to the ages of a couple’s children, the trigger events that can result in the sale of a property involved in a Martin Order include:

      The resident partner re-marries
      The resident partner moves in with a new partner
      The death of the resident partner.

      Are they a good idea?
      It depends on the circumstances. Mesher and Martin Orders are often a last resort. Instead, where possible, it can be better to sever financial ties between divorcing couples to help avoid future problems when the property is sold.
      It’s crucial to get legal advice before making any decisions, as there may be other options available that would achieve a better financial outcome for you.
      Unsure how to manage property division in your divorce settlement?
      Divorce and Civil Partnership financial settlements can have a long-lasting, material impact on your life. Choosing the right path is complex and varies from couple to couple.
      Our specialist family lawyers can help you avoid pitfalls by offering an expert assessment of your divorce finances and the full range of options available, so you can move forward with increased certainty.
      More divorce finances resources
      Stowe Support – Finances
      Divorce and property: what you need to know
      What happens to the family home when I get divorced? More

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      in Family Law

      A Beginner’s Guide to Divorce

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      The thought of divorce, and all it entails, can be overwhelming, whether you made the decision to end your marriage, or it was made for you.
      There are so many things to consider, aside from the straightforward legal process of getting divorce, including separating finances, and making child arrangements. On top of the practical elements, there is the deeply emotional side of divorce.
      For ease, we refer to marriage, divorce, and ex-spouse, but the same applies to ending a civil partnership with dissolution.
      We explore all this in depth in our How To Handbook: A Beginner’s Guide to Divorce.
      How to get divorced?
      The legal process of ending your marriage is the same for everyone, and unfortunately there is no quick way of doing it. You need to apply for divorce online (or send the form via post). You can do this as a sole applicant, or jointly. Once you have both acknowledged the application, you have a 20-week cooling-off period.
      After this, you apply for your Conditional Order (previously the Decree Nisi), which means the court approves your divorce. Once this has been granted, you have another 6 week wait until you can apply for your Final Order (previously Decree Absolute). When the family court grants this, your divorce is finalised, and your marriage is legally dissolved.
      Whilst this seems like a long time, it is a good opportunity to get all your arrangements sorted for life post-divorce. Most couples use this time to negotiate their finances and get a financial consent order drafted, to be approved by the court.
      Arranging your finances in divorce
      Money is often one of the most problematic aspects of divorce. However, whilst it can be an area of dispute, there are methods of negotiating a financial settlement amicably. For example, some couples use mediation, or another form of alternative dispute resolution.
      Our Divorce Calculator can give you an initial idea of what you might receive in a financial settlement based on the information you input. However, it is important to discuss your arrangements with a family lawyer, and a financial adviser if necessary.
      It is highly recommended that you get what is known as a financial consent order in place before you are granted a final order and your divorce is finalised. There are several risks to not doing this, including leaving yourself vulnerable to future financial claims from your ex.
      A financial consent order explains how your money, property, pensions, and other joint and personal assets will be separated after divorce. A court needs to approve the consent order, and it is important that the document is drafted by an expert family lawyer.

      Child arrangements
      Making child arrangements can be emotionally and practically taxing. It is always preferable that separating parents negotiate a parenting plan between themselves, although you can always seek legal support for this.
      If you are unable to make arrangements between yourselves, you may need a form of dispute resolution, or court intervention.
      A child arrangements order is a court order which explains the agreements made by the parents on who is responsible for the child, where they will live, and time spent with each parent. It is a legally binding order.
      Emotional wellbeing during divorce
      Divorce is rarely a walk in the park. It is important that throughout the process, and beyond, that you seek emotional support if and when you need it.
      This can be in a form to suit your needs, for example therapy or counselling, or asking for help from your GP.
      Divorce coaching is a great, and tailored, support system for those in pre-divorce stages, throughout the divorce process and afterwards. A divorce coach works alongside your legal team to provide emotional and practical help.
      You can find out more about divorce coaching, and our Stowe Family Law partner divorce coaches here.
      Most people are ‘new’ to divorce. Our Beginner’s Guide to Divorce Handbook is an in depth resource to help you get started, give insight into the various obstacles you might come across and guidance on where to find help. We cover how to choose a lawyer, the legal process of divorce, negotiating finances, child arrangements, emotional support as well as debunking divorce myths.
      Download the guide here.
      Useful Links

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      Navigate the Complexities of Separation and Divorce with Family Mediation

      What to do if you think your marriage is over More

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      in Family Law

      Family Court Fees to Rise

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      The Family Court fees are expected to rise soon, as a result of the Government’s proposal that court fees should increase by up to 10% in 2024. It is anticipated that these changes will happen in April 2024.
      The Ministry of Justice has stated that ‘implementing increases to court and tribunal fees is vital to our ongoing work to protect access to the courts for all those who seek justice.’
      The aim is to ensure that the courts can be properly resourced, as the increases will generate between £34 million and £42 million a year.
      Court fees have not increased since 2021, and the incoming change is to ensure that the courts can keep pace with increased costs, as well as improving service and reduce the taxpayer’s costs. The increased income will also support in subsidising the cost of the free services offered by the family courts.
      Prospective changes will include changes to the cost of getting a divorce or civil partnership dissolution, as well as price increases for child arrangements orders, financial orders that are not by consent, and applications for parental orders.
      Below we break down the changes.
      When the changes come in, the cost of a divorce/civil partnership dissolution application is set to rise from £593 to £652.
      Child arrangements orders will also see an increase in cost, rising from £232 to £255. Child arrangements orders are put in place by the court to set out responsibilities regarding children, including their living arrangements and their contact with both parents.
      Other children issues will also see the same cost increase, including orders such as Specific Issue Orders, Prohibited Steps Orders and Special Guardianship Orders, as well as applications for parental orders.
      The cost of an application for adoption, or permission to apply for adoption will rise from £183 to £201.
      A financial order application, not by consent, will see a cost rise from £275 to £303.
      In addition, financial consent orders are set to rise from £53 to £58.
      The Government website has a full breakdown of all the fee changes. More

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      in Family Law

      Divorce rates fall by 30%

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      Divorce rates have fallen by 30% according to the Official for National Statistics (ONS).
      ONS statistics released this morning have revealed that the number of divorces granted in 2022 fell by 29.5% to 80,057, in comparison to the previous year’s 113,505 divorces. This is the lowest number since 1971.
      Family lawyers have widely been anticipating an increase in divorce rates and enquiries. Whilst the statistics have come as a surprise, it is not so surprising when examining the impact of various factors which have caused such a significant decrease in divorce rates.
      The introduction of no-fault divorce in April 2022 is likely to have had a significant impact on the overall divorces granted. Although some couples were waiting for no-fault to be introduced, which removed the need to attribute blame, to proceed with their divorce and there was a surge in enquiries at this point, no fault divorce introduced mandatory waiting periods. It is likely that these extended periods meant that fewer divorces were actually granted in 2022.
      In addition, the ongoing impact of the Covid-19 pandemic meant that 2021 saw a 9.6% increase in the number of divorces on 2020’s figures. The pandemic caused significant disruption to the family courts, meaning fewer divorces were processed that year. However, whilst the pandemic and lockdowns continued through 2021, the family justice system introduced remote hearings and more divorces were granted. Thus, in comparison to 2022, it is possible that this was artificial inflation caused by a surge in 2021.
      However, the drop in rates in 2022 is so dramatic in comparison to both 2021 and 2020 figures that this cannot be explanation on its own.
      The impact of the cost-of-living crisis is being cited as a key reason for the downward turn as many couples who were wanting to separate postpone their divorce for cost reasons. As gas and electricity prices soared, food, bills and housing all increased and money did not, and has continued to not, stretch as far. Worries over future finances and going from a dual income household to a single income household was at the forefront of many couples’ minds.
      Here at Stowe Family Law, we conducted a survey on the impact of the cost-of-living crisis on relationships. 30% of respondents said that they were staying in their current relationship because of fears they could not afford to live alone.
      In addition to these factors, ONS reported last month that marriage rates in England and Wales had fallen below 50% for the first time since comparable records began. Only 49.4% of adults over 16 were reported to be married or in a civil partnership in 2022. This has direct links to the number of divorces as without marriage there can be no divorce.
      Family lawyers will be interested to see over the coming years whether the decrease in divorce rates is an ongoing trend, or whether they are a direct result of the economic and social factors of the last few years.
      Useful Links
      Can I afford to divorce my partner?
      The rise in birdnesting after divorce
      What happens to the family home?
      Client Guide: Divorcing during the cost of living crisis

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      Stowe Talks How To: Part 2

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      Stowe Talks How To
      Our next instalment of our Stowe Talks How To videos are now freely available to watch.
      To recap, these videos are guides for some of the key aspects of the divorce process, so you can be taken through step-by-step accompanied by our expert lawyers.
      We know that divorce can be overwhelming and stressful at times, which is why we have produced these practical videos and accompanying guides for you to download for free.
      Videos
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      Guides
      The supporting guides can be found here.
      A full playlist of all the Stowe Talks How To videos can be found here.
      Other Useful Links
      Introducing Stowe Talks How To
      Stowe Support – a huge range of free resources (blogs, guides, podcasts etc) covering all matters family law including divorce, child arrangements, unmarried couples, finances, and much more besides. More