As the cost of living crisis continues to affect people’s day to day lives, with high levels of inflation and increasing energy bills, what impact is it likely to have in the area of family law?
Firstly, unfortunately the current financial climate may well lead to an increase in marital and family breakdowns due to the heightened tensions and stresses money difficulties inherently bring to families. Real concerns as to how to make ends meet and sometimes differing attitudes towards money within a relationship are notorious factors in family breakdowns, sadly.
Many people may feel the desire to separate / or divorce however may be concerned that they may not be in a position to afford to do so – whether that relates to various aspects such as funding two separate accommodations until a final settlement is reached or the likely costs in negotiating a separation.
Therefore, many people may feel the need to continue to live together, however unhappily, due to concerns as to the financial impact of separating.
We would always encourage people to continue to take advice in relation to their situation as creative solutions can often be found. People should also check their eligibility for their assistance for Legal Aid by checking the Scottish Legal Aid Board’s website. Making an informed decision at a time of potential separation is crucial, as whatever is agreed will create the financial blueprint for life post-separation.
Another area in which the cost of living crisis may affect a family lawyers’ work is advising people as to aliment. Aliment is a short term payment and is the legal term for spousal maintenance. If people are seeing a reduced monthly income, their ability to pay aliment may well be affected. If you have a court order for aliment or a Minute of Agreement which sets out an agreed amount of aliment, it is possible to have this sum reviewed if there is a material change of circumstances. A material change covers situations such as a significant fall in income, a change of job, an alteration of the family unit. Anyone in that situation should take advice as to whether that would apply to their own situation.
Similarly, child maintenance may well be also affected, for example if one party were to lose their job or fall into financial difficulty. Again, advice should be sought as early as possible.
It may also be the case that financial settlements are more difficult to negotiate with more uncertainty as to house prices and mortgage rates, for example.
Despite (or indeed because of) all of the uncertainties at the present time, it certainly makes sense to take advice, ideally as early as possible, if you find yourself in the situation of considering a separation.
Jennifer Broatch is an Associate in our specialist Family Law Team. If you are considering a separation or divorce, or need advice on any other family related issues, please contact Jennifer on 03330 430150 or alternatively contact any member of our Family Law team.
