Pictured above: Katherine Marshall
Family lawyers across the UK are braced for their busiest day of
the year, so-called Divorce Day, which next falls on January 4.
The first Monday after New Year is traditionally regarded as an
annual day of reckoning as thousands of couples start counting the
toll the festive season and a fortnight's lethargy has taken on
their lives and their wallets.
As reality bites, many will resolve to do something about it
with a timely life-changing shake-up by tackling a failing
marriage. And family lawyers across the UK are braced for the
busiest day of the year with a deluge of calls from couples ready
to untie the knot.
Katherine Marshall, a specialist family lawyer and associate at
Midlands' law firm Harvey Ingram, says there are several potential
triggers for marital strife - from the sheer cost of Christmas,
being cooped up at home too long, or being in the company of
indifferent relatives.
She adds: "Christmas is not a direct cause of divorce but it is
certainly a catalyst. As a result, early January is traditionally
among the busiest times of the year for family lawyers. Couples who
are not obliged to spend as much time together, have to be in each
others' company for the best part of a fortnight, which aggravates
any existing tensions. It is also an acutely expensive time and
financial difficulties can boil up. But separating couples have a
host of options and if there is a will and determination on both
sides, an informal and equitable resolution can be found that
avoids costly court time
"Round table negotiations are particularly effective in dealing
with resolving financial claims and children issues. Collaborative
law, when both parties agree to try to reach a settlement without
going to court, is very effective for resolving family matters.
This route hinges on openness and honesty, but it is particularly
effective in producing quick, personally-tailored and - generally -
cost-effective agreements. The key incentive is to achieve a
solution without having one imposed by the court."
Prevention is far better than cure and the best way to avoid
disputes is to nail down clear agreements before they arise. For
individuals this includes looking at everything from wills, to
co-habitee agreements or pre-nuptial agreements. Family-owned
businesses can safeguard their position with custom-made and clear
agreements, the proper incorporation of contracts, agreements and
the protection of intellectual property rights.