Getting a divorce is a hard time for couples of any age, aside from it being emotionally challenging, you also have to sort out the costs too. At MyBump2Baby, we want to ensure that we provide people with valuable information about both the happy times and the hard times in life. This blog- ‘How Much Does a Divorce Cost in the UK?’- will answer questions such as “How Much Does a Divorce Cost?” and “what if we have to go to court?”

We would like to note that the price of your divorce is completely personal to your own needs and requests. Therefore, you should complete high levels of research before you make any commitments, so you can ensure that you are making the right decisions.

 

We talk about finances and divorce with expert Nadine Moaddel from Mancini Legal- our family law solicitors in Horsham– in the video below:

 

Is Getting a Divorce Expensive?

One important part of a divorce petition, that must be considered by couples, is the costs. A lot of people do not consider this and rightly so, if you are unhappy in your marriage, money is not likely to be your main priority of things to sort out. Divorces are often seen as being rather expensive and it is often the role of the person who files for the divorce to pay for it, however, there are options to split the cost. 

The rules on divorce and its costs are different all over the world. The cost of a divorce in the UK can vary depending on the level of assistance you need and also the addition of children and property, which have to be dealt with separately. 

Divorces occur when both partners agree to separate lawfully and terminate their marriage. When you apply and pay for a divorce, you are paying for the right to do this legally. There are a couple of options for separation and they each come with different costs attached, which are outlined below.

Legal Separation Costs in the UK

For some couples, legal separation is the chosen option, which means that you will remain married, but can live separately and make any decisions yourselves. This is an option for those who have been married for less than a year and cannot get a divorce. Legal separation costs £365. It is a one-off payment and there are no additional payments attached to it. However, if you do choose to have a divorce in the future, you will have to pay the standard £550 divorce application costs too. 

Average Divorce Cost – How Much Does a Divorce Cost in the UK?

In comparison, a divorce costs at least £550, this is the cost to have your papers sent off and looked into. This is a one-off first payment, however, there are additional costs that must be factored in, such as any children and properties that are under joint ownership. 

Divorce Mediation

Mediation is the process where families come together in a neutral location to try and come to an agreement around the divorce. This option does not require a solicitor, as the mediator that you choose will be there to advise you. A mediator will not tell you what to do, but they will try to ensure that everyone is treated fairly and is happy with the end result. 

To have mediation, you will have to pay a fee of between £50 to £120, this is where your situation will be assessed and it will be decided whether or not your situation is suitable for mediation. It is common for couples to have a few sessions with a mediator, therefore the costs can range between £300 to £1500. This is a cheaper option than going to court. 

Following mediation, if both partners are happy with the outcome and future arrangements for any children, a court hearing will not be necessary, which can save you a lot of money. Mediation is good for couples who know they can agree on the arrangements, which is not always the case for a lot of couples.

Divorce solicitors 

You can hire a divorce lawyer to help and advise you throughout the process of your divorce. Divorce solicitors will represent you in court if necessary and ensure that you are treated fairly throughout the divorce. For more information about the divorce process in the UK, you can read the article: How to Divorce in the UK

Family law solicitors are also an option, who will offer support for families getting through the challenging time of a divorce. A lot of the time when couples have children, one of their biggest worries is delivering the news of a divorce to them. They will have to sit down and explain the situation to them, which can be daunting regardless of their age. As well as this, parents will have to ensure that they can support their children financially without their joint income. Child maintenance will be considered in court to ensure that the children are supported following the divorce. 

How Much do Divorce Solicitors Cost?

The price of a divorce solicitor is highly dependent on your personal situation. Some solicitors are paid by the hour and some offer a fixed price that won’t change regardless of how much of their time you take up. 

It is worth noting that if only one partner wants a divorce, the cost of a divorce solicitor is likely to be higher in comparison to both partners requesting a divorce. 

Sometimes a financial settlement is used, this is basically what is used to settle all financial areas of a marriage and it means the cost of a divorce solicitor increases. This is because they will represent you to ensure that you get the money that you are rightly entitled to. The cost of a financial settlement ranges from £500 to £1500, depending on the assets. 

How Much Does a Divorce Cost if it Goes to Court?

If you cannot reach an agreement privately with your solicitor, you will have to go to court. As well as the £550 fee that you paid to apply for your divorce, you will have to pay court fees, these court fees are currently £255. On top of this, if you choose to have a solicitor represent you in court, you will expect to be paying thousands on top of these fees. A divorce solicitor will ensure that you are listened to and represented in a professional way in front of the court. They will advise you on the best ways to deal with child custody and other areas of your divorce process. 

It goes without saying that if your divorce cannot be settled quickly in court, the cost of your solicitor will rise. However, they will make sure that you are looked after and receive all the support that you require. 

If you are on a low income, there may be options for you to have a discounted fee in court, but this will not apply to your solicitor fees. It is definitely worth looking into your options to make sure you aren’t struggling with the price of your divorce. 

Child Maintenance 

If you have children involved in your divorce, you will have to make arrangements for child maintenance. Child maintenance is paid to the parent who has custody of the children. There is no set amount for payments, it is purely decided on income. The other parent can choose to give more money if they are able to. They must organise a payment date between themselves that must be adhered to. 

Child maintenance is paid to ensure that children are supported after a divorce. It might pay for food, school uniforms and other things. The amount will be agreed upon in court and any future changes will be sorted between the parents of the children. The amount will also be dependent on how many children the couple have together. 

So, Is Getting a Divorce Expensive?

The truth is, no one can say how expensive getting a divorce is, because it depends on your personal situation as well as the divorce route that you choose to take. If you have children and property to deal with, this can play a huge role in increasing the price of your divorce. 

There are definitely some options that are cheaper than others, but you must remember that these options often don’t come with any extra support for you or your family, which can be really beneficial throughout these challenging times. 

We would recommend choosing a route together with your partner if possible and ensuring that you are prepared for the financial side of a divorce. You need to make sure that the option you choose will work for you and your partner and will cause as little disruption to you children as possible. 

How Can We Help? 

Our directory is full of trusted family law solicitors around the UK, they work hard to represent people in court through divorces and other challenging times. Our family law solicitors offer high-quality legal advice. 

Through our website, you can find your local family law solicitors, who can help you through these tough times. Find yours here. 

We hope this blog is useful for you and tells you a bit more information about the costs of a divorce in the UK. We are proud that we can share this information as well as offer support to those who need it. If you are struggling with the process and costs of a divorce, there is help available.

At MyBump2Baby, we are proud to work with family law solicitors and financial advisors throughout the UK. Today we have an expert article featuring Judith Higson – our family law solicitor in Glasgow. Judith explains how to get a divorce in Scotland and what to expect in your first divorce meeting. If you are not located in Scotland specifically, we have an article on how to get a divorce in the UK. If you would like more information about the costs of divorce, you can read the article: How Much Does a Divorce Cost. We recorded a podcast with Judith at Scullion law on how to get a divorce in Scotland, you can listen to it here.

Hello, I am Judith Higson, Executive Director at Scullion LAW, Accredited Family Law and Child Law specialist, Accredited Mediator, Collaborative Lawyer with over 17 years’ experience and Head of the Family Law Department at Scullion LAW.

We are an Award-winning Legal 500 firm with offices in Glasgow and Hamilton.

Scullion LAW, established in 1979 have an experienced Family Law team consisting of me, Judith Higson Executive Director, Laura Cousins (Trainee) and Liz Semple (Legal Secretary).

Throughout lockdown, we have found ourselves busier than ever with enquiries about separation and divorce coming in every day.

In this article, I outline what to expect from your first meeting with us about your separation and divorce and I also explain how to get a Divorce in Scotland.

Please note that at the moment, due to the global pandemic, we are using WhatsApp, Facetime & Zoom. I am sure we can accommodate any other platform which best suits your needs and makes you feel most comfortable. Please just ask.

 Firstly, let’s clarify the difference between separation and divorce in Scotland.

 Separation happens when you are no longer living together as husband and wife.

Divorce is an order granted by the Court which extinguishes all financial claims which can be made as a result of the Separation.

 

How to divorce in Scotland? What should I expect from my first meeting?

 

These are frequently asked questions so, we thought it would be helpful to let you know what you should expect when you book a first meeting with one of our friendly family lawyers at Scullion LAW to discuss the separation and divorce process in Scots Law.

 

We appreciate that this may be the first time you have ever met with a lawyer and we understand that there might be a lot of built-up emotion, anxiety, uncertainty, confusion and perhaps also some relief. Don’t worry. We are here to help you.

 

You are in safe hands. Trust in us.

 

We’re here to support you and guide you through the process. Our ordinary procedure is to ask you some questions (outlined below), take the time to listen to you and then advise accordingly. The initial meeting should last around an hour.

 

We will confirm the date and time of the meeting with you by email. Before our meeting, you will be asked to provide 2 forms of identification. A photo ID can be a photo or scan of your passport or driving licence. You will also be asked to provide proof of your address by way of a utility bill or bank statement issued in the last 3 months. You will be asked to email these in advance of the first meeting to a member of our team. Please also have them at the video meeting to hold up to the camera.

 

One of the first things we will do during the meeting is confirmed some of your personal details, the usual things you would expect, such as your name, your address, if you have lived at your address for less than 5 years and if not, what your previous address was, your contact number, email address and your date of birth.  We will ask you if you have been advised of the option of mediation and if you haven’t we will explain that to you.

 

We will ask you to provide the name and address of your spouse/civil partner/ex-partner/former cohabitant and the names and dates of birth of your children.  We will ask you to confirm if there are any court dates fixed.  One of the other things we will ask you is whether or not you are an existing client of ours and if not, how you have come to choose us.

Details of your relationship

 

If you are married, we will ask you the date and place of your marriage. If you have been living with somebody, we will ask you how long you have been living together. We will ask you if you already have a Separation Agreement and whether or not your spouse/civil partner/ex-partner/former cohabitant has legal representation and if so, if you know of the firm that they have instructed

 

Are there any children in the relationship?

 

We will then go on to talk about any children of the relationship, either natural children or adopted children. We will ask you if any of the children have any vulnerabilities or any disabilities and ask you to describe to us the details of the care arrangements for the children, who they are living with, and how often they see the parent that they are not living with.  We will talk about any difficulties there might be about those arrangements.

 

We will be clear with our advice. The court expect parents to share responsibility of their children and parents have a duty to talk to each other, and make every effort to agree about how they will raise their children. The best interests of any kids involved should always come first. Even when you separate, that responsibility continues. Have a look at our website for more information: https://scullionlaw.com/what-the-family-courts-expect-from-parents/

 

We will discuss the welfare of the children with you and listen as you share what you consider to be in their best interests.

Date of Separation.

In law, the date of your separation is the date you are no longer living together.

It is an important date whether you are married, in a civil partnership or has been cohabiting. Taking marriage, first of all, we will look at the date of separation because of all of the matrimonial property is usually valued at that date. I will come on to talk about matrimonial property in a moment.

 

When you have been cohabiting and you separate, you have to make any financial claims arising from the separation within 12 months from the date of the separation and so it is really important to identify the date of separation at the very beginning.

 

Getting to know you and understanding the personal details of your relationship.

In order for us to get the clearest picture surrounding the date of separation, we may have to ask you some personal details such as were you sleeping in the same bed, were you having sexual relations, were you socialising together, were you doing each other’s laundry, were you eating together, cooking together, what do friends and family understand to be the case.  Sometimes the date of separation is clear, sometimes it is less clear and that is something we will ask you about early on in our first meeting.

 

We will also ask you if there have been any periods when you have got back together since the date of separation because there are some rules around how long you can get back together for before the date of separation is displaced.

 

We’ll explore all of that with you in our meeting.

 

If you are just exploring your options and considering a divorce

 

Don’t worry. You decide on the next steps to take and when to take them. We can help you look at your options if all you need is some advice around what can happen if you decide to move forward. We don’t do anything until you have asked us to.

 We understand that our clients are often facing a challenging time in their lives so we have partnered up with the best coaches and therapists around to offer all our new clients a free no obligation introductory call with a coach or therapist. Please let me know during the meeting if you are interested in this.

 

Matrimonial property

 

When we look at a separation involving a married couple or civil partners, the law provides that the met matrimonial property is shared fairly between the parties.

The matrimonial property consists of all of the assets and liabilities which have been acquired by either or both of the parties during the marriage and which exist as at the date of separation.  Fair usually means equal but there are special circumstances which might be put forward by one person, one party, to argue for an unequal split.

 

We will run through the most common of these with you. For example, is there a Pre-Nuptial or other Agreement regulating the division of any of property on separation? Is any of the property used in connection with the running of a business? Have either or one of you destroyed or gotten rid of any matrimonial property? Finally, if one of you has contributed more than the other when an asset has been acquired, then that’s something which can be taken into account in the overall division. For example, if one of you put a larger deposit down on the house or if you invested your inheritance into the property.

What about gifts or inheritance?

 

Gifts or inheritances are not part of the matrimonial pot but if funds from a gift or inheritance have been used to acquire an asset during the marriage whilst the asset becomes part of the pot we can argue that the value of it should be excluded because of where the funds came from. This is something we will discuss with you in more detail if it applies.

 

If you need more information about Pre-Nuptial Agreements and minutes of agreement please click on the hyperlink above or email [email protected] with any questions you may have.

 

Cohabiting couples.

 

When it comes to people who have been living together (cohabiting) and separating, any financial claims being insisted on require to be made within 12 months of the date of separation.

 

Simply put, claims can be made on the basis of 2 things.

 

1. If one of you has the economic burden of childcare for any children of the relationship or
2. if one party has been economically disadvantaged and the other party economically advantaged and there’s no offsetting of that disadvantage

 

The 12 months tick away pretty quickly. We will usually attempt to reach a negotiated settlement for you but it may be necessary to raise court proceedings to protect your claims if a settlement has not been reached by around 9 months or so since you separated to ensure there’s plenty of time to raise the court action needed. Generally speaking, the law for cohabitants is pretty uncertain and claims on separation are much more limited than for spouses. What the law tends to do is compare your financial position at the beginning of a relationship to the financial position at the end of the relationship. If there has been any overall economic disadvantage that’s not offset by any economic advantage, then the court can order a compensatory payment to you.

 

Assets/Liabilities and other property

 

We will ask you about the property that you have in joint names or in each of your sole names, be that a home or rental property, bank accounts, savings, investments,. details of any companies owned by either of you and whether or not you each have pensions. Whilst married couples who are separating have clearly defined claims upon the value of any pensions accrued during the marriage, the position is less clear for cohabitants however these assets can still form part of the overall financial picture.

 

We will also look at cars and debts, loans, car finance agreements and any other property that you or your partner own in your sole names or in joint names.

 

Married/ Civil partnerships/ child maintenance

 

When you have been married or in a civil partnership, there are various matters that the court can take into account when dividing matrimonial property.

We will consider with you whether or not one person has been economically disadvantaged, for instance, if a wife has given up a career to look after children and/or whether one of you will have the economic burden of child care.

 

The economic burden of childcare can be offset by the payment of child maintenance and we will discuss with you whether or not child maintenance is being paid.  The minimum payment required for the payment with whom the children do not reside is calculated with reference to the Child Maintenance Service calculator.

 

Spousal aliment

 

When you are married and then separate, there is an obligation which can arise between the spouses for the payment of spousal aliment.  Spousal aliment is a regular payment from one spouse to the other to cover day to day living expenses.

The obligation to pay spousal aliment ends on divorce and the amount to be paid depends on each party’s needs and resources.

During the first meeting we will look to identify with you if this is something we need to look at in more detail.

 

Periodical Allowance

 

A periodical allowance is a payment post-divorce for usually of maximum of 3 years to allow the spouse who was financially dependent on the other spouse during the marriage, to adjust to their new financial circumstances.  If you are married, we will look at you and your spouse’s incomes to consider whether or not we need to give you advice around a periodical allowance being included in the division of the matrimonial property.

 

A Separation Agreement.

 

The ultimate aim in any separation is to enter into a Separation Agreement which is the legally binding document which sets out the terms of your agreed settlement.

Once a settlement has been agreed the Separation Agreement is drafted. This is then sent to your ex-partner or their solicitor. Sometimes the document is revised until both parties are content with the terms.

The Separation Agreement is then signed by both parties and sent for registration to become as enforceable as a Court order. You will receive an Extract bound copy of the document.

It is better for you to have a solicitor prepare a Separation Agreement rather than doing this yourself as, once signed, the Separation Agreement is a legally binding document which has important legal consequences.

 

Disclosure of vouching

 

Where you are married, we will always recommend that you go through the process of full disclosure. What that means, is that we ask your spouse to disclose to us vouching showing the value of all of the matrimonial assets and liabilities in his or her name at the date of separation.

 

We will then guide you through the process of producing and disclosing to them the vouching for all of the assets and liabilities in your name as at the date of separation.

 

That process allows us to build a full picture of what your net matrimonial property looks like. We prepare a Schedule of Matrimonial Property and input the figures as the vouching comes to hand. We can give you firm advice around what a fair and reasonable settlement is going to look like.

 

What is the cheapest and most economical way to separate?

It is always open to you to agree with your spouse what you both consider to be a fair and reasonable settlement and all that would be required of us would be to draft the Separation Agreement which reflects that agreement.  That’s the cheapest and most economical way of dealing with your separation but the downside is we will never be able to give you advice on whether or not that settlement is fair and reasonable.

 

How long does the separation/ divorce process take?

Some separations and some divorces can be resolved within a matter of months, others take longer. Much will depend on the complexity of your case and how co-operative your ex-partner is going to be. A simplified divorce procedure is much faster than an ordinary divorce procedure. You can read about the ordinary and simplified procedure here.

If an agreed settlement cannot be reached by negotiation then, unfortunately, you could have to go to Court for a decision on how each of your financial claims should be dealt with. An alternative to going to court such as mediation and collaboration would be discussed with you.

 

Applying for Divorce

Where you are married and once you have a Separation Agreement, the divorce itself just becomes a paperwork exercise and nobody needs to go to court. If there are children under the age of 16, the divorce proceeds by way of a Writ and sworn statements. If there are no children under 16 the divorce can proceed by way of a form filling exercise called a Simplified Divorce.

Once you have been separated for a year and your spouse consents, you can apply for a divorce. Once you have been separated for 2 years, you can apply for a divorce without your spouse’s consent.  We don’t generally recommend to any clients that they proceed to seek divorce on fault based grounds, such as if your partner committed adultery or unreasonable behaviour, as it creates unnecessary expense and the divorce is likely to take longer.

If you try to seek a Divorce without first at least attempting to ensure that all financial claims have been settled this can increase the cost and take longer.

 

How much will a Separation Agreement/Divorce cost?

 

Going down the process of fully disclosing all vouching can cost between £2,000 to £5,000 plus VAT so it is a more expensive process and does take longer but without it we cannot advise on the fairness and reasonableness of any settlement as we do not have the full picture; it depends on whether you ae using the simplified or ordinary procedure and whether the application is lodged in the sheriff court.

The drafting and/or revising of the Separation Agreement can cost £1,500 to £2,500 plus VAT depending on the complexity of the agreement.

 

The Divorce costs are as follows:-

 

Where there are no (outstanding) financial matters or child-related matters to be resolved and no children under 16 years of age – we have 3 different levels of service for you to choose from, as detailed below:-

 

 

Director Service – £1,000 + VAT + outlays detailed below

Our Family Law Executive Director, Judith Higson, will be your main point of contact, subject to annual leave commitments, and will carry out the required work herself as quickly as possible with the least amount of delay, subject of course to civil court procedure.

 

Team Service – £750 + VAT + outlays detailed below

The work will be carried out by another member of the Family team and the Divorce will be applied for as quickly as possible subject to other urgent matters taking priority and subject, of course, to civil court procedure.

 

Low-Level Service – £350 + VAT + outlays detailed below

The work will be carried out by another member of the Family team and the Divorce will be applied for without any degree of urgency.

 

Outlays in relation to Simplified Divorce procedure

 

• £125 – submitting an application to the Court
• £13 – admin fee to the Court for instructing Sheriff Officers to personally serve the papers
• £200 (approximately) – to cover the Sheriff Officer’s fee for service

 

You can apply for a Simplified Divorce on your own by downloading and completing the appropriate form from the Scottish Courts website.

 

Undefended Divorce by Affidavits

 

Where there are no financial or child-related matters to be resolved and there are children under 16 years of age, we have 3 different levels of service for you to choose from, as detailed below:-

 

Director Service – £5,000 + VAT + outlays detailed below

Our Family Law Executive Director, Judith Higson, will be your main point of contact, subject to annual leave commitments, and will carry out the required work herself as quickly as possible with the least amount of delay, subject of course to civil court procedure.

 

Team Service – £3,000 + VAT + outlays detailed below

The work will be carried out by another member of the Family team and the Divorce will be applied for as quickly as possible subject to other urgent matters taking priority and subject, of course, to civil court procedure.

 

Low Level Service – £1,500 + VAT + outlays detailed below

The work will be carried out by another member of the Family team and the Divorce will be applied for without any degree of urgency.

 

Outlays in relation to Undefended Action of Divorce by Affidavits

 

• £156 – lodging Initial Writ with the court
• £69  – to lodge affidavits with the court
• £200 (approximately) – Sheriff Officer’s fee for service of papers

 

It generally takes around 3 months to obtain the Divorce but things are moving slower than usual due to the global pandemic and the impact this has had on the Scottish Courts.

 

I hope this has given you a bit of a picture as to what to expect from a first meeting when you come to us seeking advice in relation to your separation and given you an idea how Separation and Divorce is dealt with in Scotland.

 Contact us

Please feel free to contact us if you have any questions. You can trust in Scullion LAW, email [email protected] or call our team on 0141 374 2121. You can also connect with us on LinkedIn, Instagram, twitter and Facebook and send us a private message at any time. We are here to help you. Visit our website www.scullionlaw.com to book an appointment with our expert divorce lawyers today.

 

We at Scullion LAW love to stay connected. Please like and follow us on linkedin, Instagram, facebook and twitter. Kindly share this article with your network and get in touch with us if there is anything more we can help you with.

At Mybump2baby we are passionate about supporting families by connecting them with trusted solicitors throughout the UK. If your family is interested in seeking legal advice, or if they are looking into separation with consent, separation without consent or they are looking to start divorce proceedings our trusted solicitors are here to help.

At MyBump2Baby, we are proud to work with family law solicitors throughout the UK. Today we have an article from Scullion Law our family law solicitors in Glasgow. This article is called the value of Instagram accounts.

The value of Instagram Accounts and Family Law

This week Judith Higson and Laura Cousins from Scullion LAW explore the value of Instagram Accounts and Family Law. With lots of rising Scottish Influencers in our midst it is important to discuss whether or not Instagram accounts could/ should be considered matrimonial property. 

What is an influencer? 

An influencer is someone who gets paid to endorse and review products because they have the power to influence the purchasing decisions of others. It is more than just posting a photo. An individual becomes an influencer when they gain the credibility, authority, and knowledge in a distinct area and actively engage with followers (their audience) via social media platforms like Instagram, Facebook, Twitter, and You Tube.

The size of an individual’s following can vary. Kim Kardashian for example has 162 million followers, she is very powerful. Kylie Jenner has 165 million and recently became a billionaire influencer. The Duke and Duchess of Sussex by comparison have over 11.2 million followers but they do not presently earn money from endorsing certain products, whilst on our  doorstep we have the likes of Jamie Genevieve, a local make-up artist originally from Tillicoultry with over a million followers, she regularly works with large brands like Dior and jets off to luxury locations to film make up vlogs and tutorials. Again Emily Shak a Scottish Lebanese model living in Glasgow with paid partnerships with the likes of Boohoo has over a million followers. Ex Love Islander Molly Mae Hague has 3.8 million followers, she is an ambassador for Prettylittlething and Maura Higgins has over 2.8 million followers. She too is a brand ambassador for Boohoo. 

In a recent survey when young kids were asked what they wanted to be when they grew up a large percentage said they wanted to be an influencer. Social media influencers have changed the marketing industry in recent years with brands pouring millions of pounds into collaborations and the trend is expected to rise.  

A lot of companies collaborate with influencers as social relationship assets to help them achieve their marketing objectives and for some people, being an influencer is a full time job which gives them financial freedom. 

We wanted to explore the value of Instagram Accounts in Family Law and in particular whether or not they can be considered matrimonial property. 

When a married couple separate, the assets accumulated during the course of the relationship must be divided between the parties. These assets are known as matrimonial property. The law that applies is contained in the Family Law (Scotland) Act 1985.

Matrimonial property is defined in the legislation as all property that is acquired by the parties, either jointly or in their sole name, between the date of marriage and the date of separation. Gifts from third parties and inheritances are generally excluded from the definition of matrimonial property. In a typical separation, matrimonial property will comprise of assets such as a house, cars, bank accounts and pensions. Nowadays it can include an Instagram account too. 

We are not talking about any old Instagram account of course. The account must generate an income for the account holder. Instagram influencer marketing has become a multi-million pound industry. Influencers all over the world have begun making a living from paid posts and collaborative marketing campaigns for top brands. It is important to remember that in the context of a separation, it is not the Instagram account that has monetary value. It is the business entity behind it… 

Let’s consider the different types of business entities used by established Instagram entrepreneurs to manage their accounts.

The first is a private limited company.

If a spouse sets up a private limited company in order to manage their Instagram account, then it is the value of the shareholding in that company that would fall to be considered as matrimonial property in the event of a separation.

The second is a partnership.

If a spouse conducts their business via a partnership then, broadly speaking, the assets that are transferred to his or her Capital Account during the marriage will be matrimonial property.

The third is to practise as a sole trader. 

If a spouse is a sole trader then the assets used in the course of his or her business will be caught by the legislation.

Case study of Jessica and James, high school sweethearts who have been married for 5 years and recently decided to separate. 

Jessica is a successful, young, glamorous, make-up artist turned social media influencer in her mid-20s from Glasgow.  She works part time in a beauty salon in town but is quickly becoming a rising star via Instagram with an audience of over 200,000 followers. She regularly films make-up tutorials and reviews cosmetics products online. This allows her to live a very comfortable life, with a steady stream of income. She always gets invited to VIP event launches and has recently agreed an opportunity to become an ambassador for STAR lashes. There are various product endorsement opportunities like this in the pipeline allowing her to live a very comfortable life without needing to return to work in the salon.

Jessica spoke to a financial advisor who encouraged her to set up a limited company to help her run her income-producing account more efficiently. She is the sole director and shareholder.

Her husband, James, is a PE teacher is in his late 20s. Gradually they have just grown apart and both wish to divorce. 

How would Scots law treat Jessica’s business on separation?

If Jessica set up her successful business after the date of marriage, then it will come within the ambit of the Family Law (Scotland) Act 1985 and will be treated as matrimonial property.

The starting point in Scots law is that matrimonial property should be shared fairly.

Fairly usually means equally, unless there are special circumstances to justify a departure from equal division.

Do special circumstances apply on this occasion? 

Arguably. Under the legislation we are directed to consider the use made of the matrimonial property and the extent to which it is reasonable for it to be divided.

Jessica’s livelihood depends upon her Instagram account. It is her talent at make-up, her affable personality, and the frequency and quality of her posts that keep her audience engaged and willing to part with their own hard-earned money. James has played no active role in cultivating or supporting his wife’s brand, and is unknown to her hundreds of thousands of followers. We think that Jessica could have strong arguments in favour of unequal division.

Imagine husband James plays an active role in helping Jessica to enhance her social media presence during the period of marriage. 

He moonlights as her photographer and videographer. His job is to capture the all-important money shot. This requires technical expertise and creativity. It also requires valuable time. James is a natural. He knows how to use lighting in order to draw attention to his subject and is a deft hand at editing. The result is sleek, polished and professional. Jessica uploads the content to Instagram and is inundated with likes and comments. Followers, new and old, engage with the post and go on to purchase the beauty products being endorsed. Jessica is delighted, but is on a quest to broaden her appeal. Her next post has to be more interesting and more engaging than the last. Jessica wants her followers to really get to know her and decides that James should feature in her posts. The idea is a good one. Jessica’s followers take to James immediately. He is funny, articulate and warm. A couple of months ago, Jessica had 100,000 followers. She now has 300,000 followers and is making more money from her sponsored posts than ever before.

The position is less clear-cut than before.  

As we already know, if the parties separate then the starting point in Scots Law is that matrimonial property should be shared fairly unless there are special circumstances to justify a different division.  However, there are some cases in which the norm of equal sharing will be inappropriate for other reasons.  In our imagined scenario above, James could argue that his non-financial contributions to Jessica’s business during the period of marriage have enhanced its value.  James could argue that he has been economically disadvantaged  in that he has invested time and effort into an income-producing asset for no return.  Meanwhile, Jessica has been economically advantaged in that she has reaped the financial rewards of her husband’s unpaid labour and her business has grown three-fold.

If you are an influencer you can protect your assets going forward by…  setting out in advance of any separation how property will be divided is by entering into a Pre-Nuptial Agreement before you marry or a Cohabitation Agreement if you are going to live together.  A Post-Nuptial Agreement after your marriage is also possible. 

Please speak to Judith or Laura who would be more than happy to help you get your legal affairs organised. Call us on 0141 374 2121 or email [email protected] . Offices in Hamilton, Saltmarket near to Merchant City and West End of Glasgow. 

Next week we shall be speaking to Paul Black at Armstrong Watson about the hypothetical scenario above to get his thoughts on the value/ worth of the Instagram account in question.

Keep an eye on our blog, Linkedin, Facebook and Twitter channels @ScullionLAW to learn more and please tag a friend who may benefit from this article.

Thank you

#ScullionLAW 

At MyBump2Baby, we want to ensure that families have easy access to trusted Family Law Solicitors in the UK. Through various lockdowns across the globe, divorce and separation rates have increased, making it more important than ever that the correct methods of support are in place for those who need it the most. This blog is about divorce and separation during lockdown by Family Law Solicitors in Blackburn, AWH Solicitors. 

Divorce and Separation during Lockdown | Family Law Solicitor Blackburn

Divorce and separation in lockdown | Blackburn

For many, lockdown has been a time to reflect on home life and relationships. Although lockdown can bring people together, being unable to leave the home has also contributed to bringing to light problems in marriages and partnerships across the world. As a result, many countries have reported an increase in divorces and legal separations as lockdown has started to ease. In Wuhan for example, notoriously one of the hardest hit cities in the world, lockdown is thought to be the direct cause of a doubling of divorce petitions.

Even though lockdown is ongoing in the UK, and likely will continue for some time longer, it isn’t necessary to wait to file for divorce or to agree to a legal separation if your relationship has come to an end. There may be issues in making new living arrangements, but as the property market is opening up again, and more restrictions are lifted, it is becoming easier to temporarily relocate from the family home.

Many family law solicitors continue to operate, as many can work from the safety of their home and provide their support and services through video call, phone and email, especially in the initial stages of the divorce process. Courts continue to take on cases, however they are restricted in a number of ways. At AWH Solicitors Blackburn, the family law team remains fully operational, supporting both new and existing clients through their divorces. We also support those who may be worried about the costs of a family law solicitor and may be eligible for Legal Aid, depending on the type of support they require and their means. If you are thinking about divorce, you can read the article how to get a divorce in the UK for more information about the process. If you would like more information about the costs of divorce, you can read the article: How Much Does a Divorce Cost

Domestic abuse | Blackburn

Unfortunately, due to lockdown, cases of domestic abuse have also risen. Victims of domestic abuse are likely to suffer more as they are unable to leave the home or leave their abuser. Where many were able to go to work or a friend’s house, to a safe place, to escape the abuse they suffer at home, they now have had to remain inside with their abuser.

Courts continue to issue non-molestation and other protection orders to help prevent harm being done to spouses and children in homes where domestic abuse is a problem. If you, or someone you know, is the victim of domestic abuse, may this be physical, emotional or financial, there are still many forms of protections in place, and you shouldn’t wait for lockdown to end to take action. Your family law solicitor will be able to help you assess your options and can support you through this difficult time.

Child arrangements | Blackburn

If you are divorcing or separating after you and your ex-partner had children the process will likely be more complex, regardless of the lockdown. Arranging for where the children will live and how much contact each parent will often cause friction and could affect the children negatively too. Family law solicitors often work closely with mediators and will try to help you find a solution that both parents can agree too without proceeding to court.

Regardless of how you feel about each other, you will be in each other’s lives for a long time. In the best interest of children, finding an amicable solution and avoiding court proceedings is generally the best option. However, where no solution can be reached your family law solicitor will represent you at all court hearings and take every step to ensure that you will be given the best possible outcome.

AWH Solicitors Blackburn has a full-service family law team that can help with all legal aspects regarding divorce, separation, child agreements, financial settlement arrangements and care proceedings.

Where couples have come together during lockdown, for example by first moving in together or by getting engaged, AWH Solicitors can also support cohabitation agreements and prenuptial agreements.

At MyBump2Baby, we are proud to connect parents with family law solicitors throughout the UK. Today we share an expert article on Divorce during lockdown from our Family Law Solicitors in Lincoln Sills and Betteridge LLP.

Divorce during lockdown | Family Law Solicitors Lincoln

Going through a divorce or separation is stressful in normal circumstances, but with the current situation surrounding COVID-19, many couples are facing even greater struggles. Whether you have already started the divorce process or have come to the difficult decision during this period of lockdown that your relationship has come to an end, at Sills & Betteridge we understand the importance of being available to advise, reassure and support you.

Supporting Families in Lincoln

We have adapted new ways of working which enable us to continue to support families during this time and are still offering our Preliminary Advice Meetings by telephone, at a reduced rate of £100 plus VAT. This meeting includes a 60-minute telephone call with one of our solicitors with their advice being followed up in writing. We are also able to continue to offer mediation sessions via video for both those who are private paying and those who are legal aid funded.

Petitioning for divorce

It may be that you had decided prior to the lockdown that your marriage was over but had not yet taken the steps to begin divorce proceedings, or it may be that you have made the difficult decision during this time and you do not wish to wait until the restrictions are lifted. In any event, it is possible to start divorce proceedings online, and the Courts have confirmed that this process will continue as normal.

Financial settlement

In terms of financial arrangements, many will have experienced changes in their financial circumstances due to COVID-19. Therefore, parties will need to exercise an element of flexibility and it may be necessary for settlement figures to be reviewed as the financial evidence that such figures will be based upon may have changed.

It may be necessary to try and agree interim financial arrangements, until such a time where the parties have more certainty about their financial future.

If you issued proceedings for financial relief prior to the lockdown, it is likely that the hearing will still go ahead and will be heard remotely. It may be possible for matters to be agreed prior to the hearing and for it to be vacated. In some cases, the Court may deal with the hearing via video and most Courts are accepting service of documents and bundles by email.

Although there have been some difficulties to overcome during this time of change, professionals, parties and the Courts have been working together in order to facilitate divorce and financial proceedings both in and out of court. It is anticipated that it will take some time for matters to return to how they once were, but with all involved adapting with an element of flexibility, it is hoped that those families affected will reach a positive outcome.

 

If you would like more information about the divorce process in the UK, or about the costs, you can read this article: How to Get a Divorce in the UK