News

Lawyers braced for Manic Monday

Release date: 15/12/2008

Christmas and the season of goodwill may be over before we know it, but it will soon be time for Manic Monday as family lawyers across the UK gear up for January 5.

The first Monday after New Year is traditionally 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 leading family and collaborative lawyer at 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 January is 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."

Of course, 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.