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Family lawyers must ‘challenge’ themselves amidst growing desire for amicable divorces

Poll reveals that majority of couples want to ‘keep things civil’ while separating 

One of the country’s leading family lawyers has said the profession needs to ‘challenge itself’ to better meet the needs of consumers amidst growing demand for a more amicable solution to separation and divorce.  

The call to action follows a recent poll carried out by national consumer law firm Simpson Millar which highlights that amongst those looking to legally separate in the coming months, three-quarters (74%) of couples want to ‘keep things civil’.  

According to the survey*, one in four people who have been divorced or are in the process of getting a divorce said that they had not been able to keep it amicable, with women (30%) and 18-24s (39%) most likely to struggle with this. 

While there are a number of reasons why a divorce may get nasty, one in four (26%) said they believe using a single solicitor – someone that represented both parties in the divorce equally – could have made the process more amicable. 

Over half (54%) would have also preferred to use the same solicitor if it had saved them money. 

The poll follows the release of an Office for National Statistics (ONS) report in November of last year, in which it revealed that 2019 saw the largest annual percentage increase in divorces since 1972; with divorces between opposite-sex couples increasing by 18.4%, whilst divorces among same-sex couples nearly doubled. 

In addition, the UK Family Law Market Trends Report 2021 produced by IRN Research, shows that couples in England and Wales that engaged with mediation increased to 7,562 in 2019/20 from 6,535 a year earlier. 

In response to the latest figures, Simpson Millar has announced the launch of Separating Together, which is designed to provide families with a simple and transparent separation solution for those needing support with the formalities of their divorce. 

David Lister, head of the family law team at Simpson Millar, said: “The figures speak for themselves. In many cases, couples are looking to separate in a far more amicable way and for many reasons including making it far easier to co-parent effectively, as well as keeping the cost of divorce down

. “In some cases, the introduction of a ‘no-fault’ clause in divorce proceedings will go a long way towards reaching that goal when it comes into force next year. However, the onus is also on us as family lawyers to challenge whether we can do more to help to keep things as civil and heat-free as possible, when it comes to sorting out the finances and the arrangements for any children. 

“Our response to that is the launch of our new Separating Together proposition, which forms part of our ongoing ambition to be the firm that ‘opens up’ the law to make it easier for people to get legal help and support when they need it.” 

Simpson Millar’s Separating Together approach consists of a 10-step process which is designed to aide a conflict-free separation and offers a range of solutions to fit the needs of every family. As both parties are supported and advised by the same lawyer, there are associated cost savings.  

David Lister added: “There’s a huge misconception that involving a lawyer in a divorce makes it a more complicated and stressful process, but if you have the right team behind you, it doesn’t have to be long, expensive or traumatic.  Our first couple to use the service were able to resolve all of their financial issues and agree an outcome in just 7 weeks. 

“While our Separating Together approach won’t be right for everyone – our clients and other law firms ultimately need to embrace the idea of working together for the greater good of everyone affected by separation to make it work – we do think it offers a very viable option for many.  

“With so many couples saying that they are actively seeking an amicable end to a marriage, and the introduction of the no-fault clause reflecting that desire for change, it’s absolutely right that we continue to look at how we can help challenge the perception of divorce and make it easier and less stressful for those involved.”  

One couple that has already used the service are Debbie and Tommy. Commenting on their experience they said: “When we realised that our marriage had reached the end of the road, our main priority was separating peacefully and painlessly.  We have children and being able to continue to co-parent them is really important to us.   

“Using Separating Together meant that we kept control, we set the timetable, we had a voice and we heard each other.  Having a fixed price also meant that we were able to agree the costs right from the start, so we knew exactly what to budget for.  We’d recommend using the same solicitor to any couples who want to sort out their finances sensibly.”    

*In February 2021 Simpson Millar conducted a survey of 1,000 UK adults who have been divorced / or are in the process of getting a divorce. 

 

Cover photo By Kurhan on Canva

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