Busy month for divorce lawyers

THE new year has always been a busy time for divorce lawyers in the North-West but, with the credit crunch and recession biting, experts are expecting a record month.

Family law specialist Elizabeth Tait, from law firm Irwin Mitchell’s Manchester office, said: “We are used to receiving an influx of calls just after the festive period, often as many as three times the monthly average. But it is believed that this year will be our busiest yet.”

A survey conducted by the Local Government Association (LGA) has led to predictions of a bumper divorce season, set to start on Monday.

Elizabeth added: “Whether prompted by a desire to try and find out more about the options available in the event the marriage cannot be saved, or just intent on issuing divorce proceedings this first Monday, when Christmas is fully behind us we traditionally receive the most calls.”

The survey found that more than nine out of 10 (93 per cent) of councils said they had been providing more debt advice amid rising unemployment and house repossessions over recent months, while half highlighted extra demand for jobs’ counselling.

Elizabeth offers some tips to surviving those initial, difficult steps. She said: “While the vast majority of people who do see a solicitor go on to divorce at some stage, the key thing to focus on is obtaining information on the full range of options available to you and your family.

“This will help you to make informed decisions about whether or not the marriage can be saved and, if it is a case of the inevitable, what options are available to help you achieve a fair settlement.”

An initial interview with a specialist family lawyer will focus on whether there is any scope to save the marriage — either by allowing a cooling off period or by referral to a third party who might offer therapeutic advice and assistance.

If the breakdown is permanent then consideration of all the options available to resolve the issues is essential. One size does not fit all and each family is unique.

Some separating couples will benefit significantly from opting for mediation to help resolve issues such as finance and parenting time after divorce. Others might avoid acrimony by seeking out collaborative law, which is a process by which parties and their lawyers hold meetings to find agreements that fit the whole family’s interests and lead to realistic and lasting solutions.

The collaborative model, recently used by Madonna and Guy Ritchie for their divorce, works without going to court to have decisions imposed by a judge.

Both mediation and collaborative processes offer a real opportunity to make the “good divorce” and one which places the children’s interests at the heart of negotiations.

Elizabeth said: “If there are children involved, all of the research to date demonstrates that it is not divorce itself that does the damage, but the conflict that can arise during the proceedings.

“Whatever route you choose to resolve the issues, seek to work in partnership with your chosen solicitor and commit to an early resolution. This will avoid running up expensive legal bills, especially at a time when finances are already tight.”