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Divorce Down As Pre Nups Rise

Wednesday, January 6th, 2016

Divorce Down As Pre Nups Rise 

The first working day in January is commonly known as Divorce Day, when Family Lawyers receive more enquiries than at any other time of the year, but they are more likely to be faced with ‘silver splitters’ than young couples these days.

The latest figures from the Office for National Statistics show that despite the recent rise in the number of marriages, the divorce rates have fallen to their lowest level for 40 years: 114,720 couples divorced in England and Wales in 2013, down almost three per cent on the previous year.  The statistics also show that marriages are more likely to survive the ‘seven year itch’ with divorce rates at the eight year mark nudging down by one per cent.

But for older people, it’s a different picture.  Over 60,000 people who divorced in England and Wales in 2013 were over 50, a rise of 11 per cent.

Alongside the slow-down in divorce for younger couples, the Law Society has reported a rise in enquiries for pre-nuptial agreements, with commentators suggesting it’s being driven by parents who are investing in housing to enable their children to get on the property ladder, but wishing to protect family money against any future marriage breakdown.

Head of Cullimore Dutton’s Family Department Jackie Rawcliffe explains:  “Older couples may have less to worry about in relation to the impact of divorce on children, but dividing finances will probably cause more concern, as they are more likely to be asset-rich and with valuable pensions.”

Recent figures from the family charity Resolution show that the majority of young people felt that it was better their parents divorced than stayed together unhappily, but they also wanted to be part of the decision-making process and have their views taken into account.

Jackie adds: “It’s a hard decision at any time of the year and at any stage of marriage, but perhaps the most important thing for any couple is to consider children first and to avoid finger pointing as they go through the process.  Collaboration and mediation can help to focus on achieving an outcome through positive negotiation.  It may be necessary to set out unreasonable behaviour in the divorce petition, but when it comes to dividing up the family finances, the Courts are generally not interested in the cause of the breakdown of the marriage, or a spouse’s behaviour.”

Don’t Stay Together For Our Sake, Say Children

Tuesday, November 24th, 2015

Don’t Stay Together For Our Sake, Say Children

New polling has found that around eight out of ten children and young people with experience of parental separation or divorce would prefer their parents to split up if they are unhappy, rather than stay together.

The poll of young people aged 14-22 with experience of parental separation, which was carried out by ComRes on behalf of family law organisation Resolution, has revealed fresh insights from children about the levels of involvement and amount of information they would like during their parents’ divorce. The findings are released ahead of a Parliamentary launch of new advice for divorcing parents.

An overwhelming majority (82%) of the young people surveyed said that, despite their feelings at the time, they felt it was ultimately better that their parents divorced rather than stay together unhappily. Asked what advice they would give divorcing parents, one young person said, “Don’t stay together for a child’s sake, better to divorce than stay together for another few years and divorce on bad terms”; while another suggests children “will certainly be very upset at the time but will often realise, later on, that it was for the best.”

Key findings from the research shows that children and young people want greater involvement in decision-making during the divorce process:

  • 62% of children and young people polled disagreed with the statement that their parents made sure they were part of the decision-making process about their separation or divorce;
  • Half of young people (50%) indicate that they did not have any say as to which parent they would live with or where they would live (49%) following their parents’ separation or divorce. Importantly, 88% say it is important to make sure children do not feel like they have to choose between their parents;
  • Around half (47%) say that they didn’t understand what was happening during their parents’ separation or divorce;
  • Two in ten (19%) agree that they sometimes felt like the separation or divorce was their fault;
  • When asked what they’d most like to have changed about their parents’ divorce, 31% of young people said they would have liked their parents not to be horrible about each other to them, and 30% said they would have liked their parents to understand what it felt like to be in the middle of the process;
  • Positively, Resolution’s research also showed that many parents are handling their separation admirably. 50% of young people agreed that their parents put their needs first during their separation or divorce.





Speaking about the new findings, Jo Edwards, chair of Resolution, said:


“This new information shows that, despite the common myth that it’s better to stay together “for the sake of the kids”, most children would sooner have their parents divorce rather than remain in an unhappy relationship.  


“Being exposed to conflict and uncertainty about the future are what’s most damaging for children, not the fact of divorce itself. This means it is essential that parents act responsibly, to shelter their children from adult disagreements and take appropriate action to communicate with their children throughout this process, and make them feel involved in key decisions, such as where they will live after the divorce.


“We should be supporting parents to choose an out of court divorce method, such as mediation or collaborative practice. This will help parents to maintain control over the divorce and ensure their children’s needs are, and remain, the central focus.”


Cullimore Dutton Family Solicitor and Resolution spokesperson Simon Dukes said:


“I know that parents in Chester who are going through a divorce will want to put their children first. There are around 650 divorces happening in Chester each year, approximately 2,500 in the wider Cheshire area.  This means that there are many local children who might be facing the family issues raised by this research. Divorce is of course a very stressful thing to go through – but the best way forward is to manage separation in a way that minimises conflict, focuses on the needs of children and helps separating couples to avoid court”.


Relate counsellor, Denise Knowles said:


“Of course, children usually find their parents’ separation extremely upsetting but as this research demonstrates, eventually many come to terms with the situation and adjust to changes in family life.  There are plenty of steps that separating parents can take to ensure they reduce the negative impact on their children such as working to avoid constant arguing or speaking badly of the other parent in front of the kids.


The ComRes survey results support the main advice Resolution shares in its Parenting Charter, which sets out what children should be able to expect from their parents during a divorce.


These include children’s rights to:

  • be at the centre of any decisions made about their lives
  • feel and be loved and cared for by both parents
  • know and have contact with both sides of their families, including any siblings who may not live with them, as long as they are safe
  • a childhood, including freedom from the pressures of adult concerns such as financial worries


At a special event with MPs and Peers in Parliament later this week, Resolution will be calling for the Government to share the Charter with all divorcing parents. The event will also see the launch of an online advice guide at www.resolution.org.uk/divorceandparenting developed by Resolution to help divorcing parents manage their relationship with their children and with each other during separation.