Ring
The real cost of divorce

It is a sad by undeniable truth that, on average, twelve out of every 1,000 couples who said 'I do' this year will not stay together until 'death us do part'.

Martin Young, a Managing Partner at Coutts, estimates that the cost of a divorce at a local county court averages £5,000, while in London, particularly when the High Court is involved, it could be in excess of £100,000.

"You will need to employ a law firm and a barrister, who go to court two or three times. The lawyer will also spend a lot of time on the telephone to the client offering advice" he explains. "Going through a divorce is a time of incredible turmoil and people need their lawyers to be solid, dependable people to whom they can turn at any time."

It is also a time consuming process, taking as much as two years after a decree nisi is issued to gain a decree absolute which signals the marriage is over. Coutts works with many top ranked law firms and some smaller niche firms who recognise the benefit for their clients of involving experts to provide financial assistance and advice to clients throughout the process of divorce and beyond.

"We can offer advice on how to fund the case, discuss banking arrangements and also become another resource for the client to depend on during this difficult time" says Young. Many clients lean very heavily on their banker during this period and after the divorce, particularly those who have never previously dealt with money matters. David McLellan, a Private Banker specifically responsible for assisting clients going through divorce recognises "it is often the case that clients have not needed to worry about money but suddenly find themselves facing a huge upheaval financially as well as personally. They now require a relationship with their Bank which they may not have previously had much contact with and need the help of an individual with a clear understanding of the process and impact of divorce."

Assets and bank accounts are usually frozen when divorce proceedings start, in order to protect and assess them. However, living expenses may be granted. "We can offer alternative banking arrangements" explains Young.

"The cost of a divorce… particularly when the High Court is involved…could be in excess of £100,000."
In situations where assets are not readily available to fund the cost of divorce and even if a form of security, such as a Charge against a property, cannot be provided, Coutts is able to assist. This would normally include solicitors, barristers and court fees. The law firm employed by the client provides Coutts with an indicative view on the best and worst case settlement scenarios based on legal precedent, knowledge and experience of the marital estate. "In my experience, these assessments usually turn out to be pretty accurate" says Young. "We would look towards providing a loan to cover all litigation costs until settlement which would only be drawn upon as and when required. It is an unsecured debt with the option of monthly interest being rolled up within the facility at a cost of about 2% over base rate and everything is paid back at the end when the settlement is agreed," says Young.

For day to day living expenses, Coutts may also consider an overdraft facility. All of this is extremely helpful to people who may have concerns over meeting their living costs during the divorce process. This is particularly useful when maintenance is not forthcoming and there is a requirement for this to be dealt with in Court. "Once the Court Hearing is arranged by solicitors, there is often a delay and clients need access to funds until the matter can be resolved" explains McLellan. "We are effectively looking to ease the immediate and future financial concerns of a client so they can lead as normal a life as possible throughout the process of divorce."

The UK courts do not recognise pre-nuptial agreements. It is not a legal document but it is a statement of intent and some judges may look at it. In general, the Coutts service provides the most benefit to cases where the estate is worth in excess of £5 million.

"Coutts has been involved in examining the benefit of collaborative family law" Young says "it is a form of mediation but I must admit that not many clients use it presently but its popularity and use is growing. By the time they find out about collaborative law, they have usually engaged lawyers and started the process and many feel it is too late to turn back."

Collaborative law, which is gaining in popularity in North America, was introduced in the UK in 2003 and encourages couples to resolve all issues arising from their marriage breakdown through co-operative negotiation. They are still represented by lawyers and meet on agreed premises to work out a deal. If unsuccessful, they must change lawyers – which acts as an incentive to lawyers to make it work.

Many leading divorce firms such as Farrers and Alexiou Fisher Philipps now support, where appropriate, the use of collaborative law.

Once an agreement is reached, the Final Hearing is scheduled, which, within London, can be as long as one year from the First Director's Appointment. At this point, the Judge will listen to the cases from both parties and make a final judgement and binding settlement. Once settlement has been reached, all borrowing can be repaid and then in cases where a lump sum has been awarded, Coutts can provide advice to ensure the funds are invested suitably. "The importance of expert advice at this stage is paramount" say McLellan. "In cases where a lump sum has been awarded, this is potentially needed to provide clients with a lifetime income. Coutts has the ability to access the whole of the financial market which is beneficial to the client given their very specific requirements."

"It can be a long and expensive process" explains Young "but we can provide financial assistance and advice throughout this difficult time."

And occasionally, there is a happy ending. A client recently reconciled with and married the partner they had divorced 15 years earlier.

By Helen Dunne

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