The Factors Affecting the Divorce Process and How to Reduce Unnecessary Delays
The Factors Affecting the Divorce Process and How to Reduce Unnecessary Delays
New research has shown that the average divorce now takes more than three weeks longer than it would have done less than a year ago. The delays are attributed to the number of people appearing in court without a lawyer after the removal of legal aid in most types of family cases last year. The study calculated that a dissolution finalised in the first quarter of this year typically took almost six months – an average of 23.9 weeks – to process from the first application to the granting of a decree nisi. That figure represents a 10% increase on the average in the previous three month period and was 15% longer than the second quarter of last year, when the typical divorce took 20.8 weeks.
Cases brought by litigants in person took an average of 32.6 weeks in the first quarter of 2014, more than a third longer than average. Lord Thomas, the Lord Chief Justice, has previously acknowledged that growing numbers of litigants acting for themselves were putting new pressures on the courts.
The factors affecting the divorce process
The fact that divorce is taking longer is of greater concern for those who do have legal representation as well. Whilst the divorce process can take longer in a great many cases that is not the real issue. What they need to resolve are issues about their children or about their financial arrangements. In real terms these are the matters which actually affect their day to day lives and which concern them most. The difficulty is that as the court time gets taken up with dealing with litigants in person those going through divorce, who need and have representation, also suffer delay waiting for court time. This has a huge impact on their ability to move on and obtain some certainty with regard to their future. It also inevitably results in substantially increased legal costs.
Divorce and your finances
At the outset when a couple separate and seek advice in relation to a financial settlement, assuming a settlement cannot be reached, they will start financial proceedings seeking to obtain the outcome they have been advised is fair and reasonable by their lawyer. If the matter is one which cannot be resolved amicably and a hearing is inevitable it is probably going to take at least 9 to 12 months to arrive at a final hearing. During that period life must carry on. Things will inevitably change. House prices may go up or down, some become unemployed, some meet new partners and begin cohabitation. There are various events which may arise all of which can have a significant effect on the outcome you were seeking to achieve and were advised was a fair outcome. Unfortunately this means that as the matter progresses and the couple provide updated financial disclosure the whole case can also change and the order sought may be something completely different to that which they set out to achieve from day one. This involves an additional amount of work, not only in providing the updating information but also in re-assessing the case and changing the nature of the evidence you intend to put before the court.
In an ideal world you would seek advice at the outset immediately after separation, prepare your case based on your solicitors advice at that stage and move on to a final hearing within maybe a month or 6 weeks during which time there would be little opportunity for significant change in either party’s financial circumstances. This would involve a great deal of work being done in a short space of time and would include having to get valuations of various assets quickly, but the benefit would be that there is little opportunity for significant change to occur. Unfortunately the delays in the courts seem to be getting longer rather than shorter and we move further and further away from this ideal. Can you achieve it and if so how? I do not know of any court that could accommodate such a short timetable – they simply don’t have the time available and the rules do not provide for it in any event.
Family and divorce arbitration
One way may be for those couples to look at family arbitration. This allows you to set your own timetable to suit you and your spouse. It also allows for you to determine when your case will be heard and how the case is conducted. This certainly seems one way to avoid the lengthy delays and seek to take control of the timetable rather than waiting for the court to allocate time to deal with the matter and risking the inevitable change in circumstances which could change the whole dynamic of your case.
Most divorces occur in January
Statistically we are told the January sees the highest rate of new instruction for lawyers. It is fair to say that this is closely followed by September. Why is that? A couple whose marriage is in difficultly often put it down to the fact they do not spend enough time together as a couple or as a family and that one family member is working excessively long hours or spending too much time away from the family. By the time they have reached that decision the couple have probably already grown apart. A decision to go on holiday to try and work things out often results in a realisation their differences are irreconcilable. If they have grown apart and started to spend time separately it can be difficult to suddenly spend two weeks together 24 hours a day. The greatest volume of new instructions arise after Christmas and after summer holidays. There are two reasons for this in my experience. The first is that these are times when couples spend most time together and perhaps realise that they are no longer compatible. The second is that there is often a deliberate decision to delay initiating any proceedings until after Christmas or after the summer holidays.
Further research from a law firm has suggested that couples who take a dream holiday in the hope of patching up their marriage should think again. The study found nearly a third (27%) of divorced Brits said they decided to split up within weeks of returning from a tumultuous holiday, while one in 10 couples said the “make or break” trip will actually be what prompts their divorce. In total, six out of ten couples who thought a holiday might help them through a rocky patch found it didn’t work. A summer break is often seen as the last attempt for couples in crisis, with almost 40% admitting they had gone on holiday in an attempt to save their marriage.
Specialist divorce lawyers
Divorce law experts can faciliate your divorce process so that you obtain the best possible outcome within a shorter period of time. It is advisable to consult with a divorce solicitor early on in your divorce if any of the following apply:
- You or your spouse is high net worth and have multiple assets
- You feel you are in a vulnerable financial position compared to your spouse
- There are any domestic violence or abuse issues
- You are overwhelmed and confusd with the paperwork required
- You have disagreements over child custody issues
If you would like to discuss any aspect of family law, are considering divorce proceedings or a ;trial separation, contact our experienced divorce lawyers in absolute confidence on 01494 790058 or 01494 790047. Alternatively, email us at familylaw@ibblaw.co.uk
