Agonising Decisions

As family lawyers people come to us at an intensely traumatic time in their lives and reveal to us their most fundamental concerns about their relationship, their children's futures and their financial worries.  I hope that, as well as highlighting developments in the law on this Blog, by discussing, in very general terms, some of the concerns that we are asked about from time to time, it will be reassuring to anyone reading to realise that many of their concerns are shared by others in the same situation.

The recession, and particularly the dramatic fall in house prices that has occurred since 2007, has caused enormous anxiety for couples who have decided that they can no longer live together.  A few years ago, when house prices were higher and credit was easy to obtain, most people could rearrange their finances so that both parties ended up in owner occupied accommodation large enough for themselves and their children.

Although the price of replacement houses has fallen, separation and divorce inevitably involves an element of downsizing for one or both partners and it is nearly always disadvantageous to trade down when house prices are low.

In addition, for the moment, mortgages remain harder to come by and lenders are more reluctant to release one borrower from a joint mortgage.

I have not spoken to anyone who has told me that they have delayed coming to see me because of financial concerns. However, since I never see the couples who decide to work out their differences and stay together, it is difficult to form an opinion as to whether difficult economic circumstances make people  less likely to separate.

Leaving aside longer term reasons behind people's decision to separate, one of the intriguing aspects of my job is looking at the times of year when more people come to see us for the first time.  I think that it is generally well known that new inquiries for family lawyers peak immediately after Christmas and no doubt we all have some personal insights into why that might be the case!

I have also noticed that the start of a new school year often coincides with an increase in contacts from potential new clients.

If you are in the unfortunate position of agonising over whether or not your relationship has irretrievably broken down, can I suggest that, rather than relying on the advice of family and friends, you consult a specialist family lawyer before taking any major decision about whether to end your marriage, move out of the matrimonial home, change your job or working hours, give away assets or make an agreement as to how much time you will spend with your children.

For more information contact, Anne Blenkinsop, Partner and specialist in Family Law at Furley Page Solicitors.