Out of court divorce settlements on the rise across Glasgow
Out of court divorce settlements are on the rise - that's according to a new report.
Glasgow firm Consensus Collaboration Scotland (CCS) is a network of lawyers, family consultants and financial experts that specialise in collaborative divorce settlements.
According to the organisation, a quarter of Scottish family law firms that took the survey are handling up to twice as many out of court divorce settlements today as they were in 2007.
There are currently around 300-400 collaborative court settlements or 'quickie divorces' taking place in Scotland each year.
76% of respondents also felt their clients where happier during the out of coirt process, compared to traditional divorce methods.
Collaborative divorce is an out of court settlement where couples consult with lawyers, specially trained relationship counsellors and financial advisors to amicably unpick their marital ties.
CCS’ survey comes off the back of the Office for National Statistics’ latest Civil Justice figures, which shows a 42% drop in court divorces in Scotland between 2006 and 2015.
According to CCS, the majority of law firms (58%) said their clients wanted to settle matters out of court to reduce confrontation with their partners, with 23% saying that minimising the impact on family members was most important.
Other reasons for choosing out of court settlements included; having a better financial outcome for both parties (8%), less stress (4%) and less expensive (2%).
These results go against current thinking that out of court settlements are a means to avoid expensive legal fees and suggests Scots have more emotive reasons for finding new ways to separate.
The report also revealed interesting trends related to the age and gender profile of people choosing the collaborative approach, as well as price and timescale comparisons between collaborative and court divorces.
The findings show that out of court settlements are completed up to 12 months quicker than court divorces and are on average between £5,000- £10,000 less expensive.
When asked who instigates divorce proceedings, the vast majority of firms (80%) said that both parties are involved.
13% of respondents said the wife was more likely to approach them first, compared to 7% who said it was the husband. This may suggest that some women are seeking more cost effective ways to split.
Equally, collaborative divorce tends to have less emotional impact on children and other family members, which may be a greater concern for women.
According to the majority of firms, people aged between 45-54 were most likely to ask for a collaborative divorce.
This is up to ten years older than the Office for National Statistics’ figures, which show divorce rates are highest in the 40-44 age group. CCS’ findings may be a reflection of ‘second time round’ divorces, where couples have been through a court divorce with their previous partner and are looking for more amenable alternatives. It may also be a reflection of the greater ‘maturity’ required for a successful collaborative divorce, where couples are asked to put their differences aside and act cordially to complete the process.
Catherine Karlin, Partner for BTO Solicitors LLP and a member of Consensus Collaboration Scotland said: 'Our research clearly shows that demand for collaborative divorce methods is on the rise and this is likely to have far reaching consequences.
'More out of court settlements will not only reduce pressure on the civil justice system in Scotland, it could over time radically change our perception of divorce.
'We will no longer consider cutting marital ties as a destructive and costly process, but rather something more positive and forward thinking. If more people can achieve a ‘happy divorce,’ then many of the negative consequences associated with court divorces can be limited or avoided. The main beneficiary of this of course, will be our children.
'It has been argued that making divorce ‘easier’ will encourage more people to split.
'We see no correlation between the rate of divorce and access to collaborative methods.
'People who consider divorce of any type have commonly reached the point of no return in their relationship.
'Furthermore, the latest Office for National Statistics figures show divorce rates are at their lowest level in 40 years, despite a rise in popularity of ‘quickie divorce’ methods and new technology that streamlines the process.'