Splitting up over summer

Autumn approaches and a recent interesting article reminds us that summer is one of the periods of the year when married couples are more likely to split up.

Autumn approaches and a recent interesting article reminds us that summer is one of the periods of the year when married couples are more likely to split up.

As we have reported in earlier newsletters, public funding for divorce has all but been removed since the legal aid cuts of a couple of years ago. This means that many people who may otherwise have turned to a lawyer for legal advice are deciding to represent themselves.

According to a survey, the figure deciding not to consult a lawyer in relation to their divorce may be as much as 40%.

While this seems as though it might be a good thing, there can be downsides. It is fair to say that any court proceedings can be complex and stressful and some legal commentators are suggesting that divorcing parties may not achieve the outcome that they expect if they fail to obtain legal advice.

A person who represents himself is called a 'litigant in person' and the increase of them has led to a slowing down of court proceedings.

A litigant in person may also not be able to take advice as to how they might gain access to their children and may therefore be unable to see their children.

Interestingly, a high standing member of the Judiciary has supported a private members' Bill to introduce a 'no fault' divorce. We will report in future newsletters if this Bill becomes law.

To discuss any divorce, separation or related matter, contact us.