Falling house prices mean that more and more separating couples are being forced to live together under the same roof – even after they’re divorced
The credit crunch is making moving out and moving on after divorce even harder for separating couples in Cheshire and North Wales. Negative equity and limited mortgage deals are adding to the pain of family breakdown as couples find they can’t afford to sell up and go their separate ways.
‘Increasingly couples are finding it too expensive to move to separate accommodation even after divorce. Neither of them can afford to rent on their own, there isn’t enough money for either of them to buy out the other, and if the property were sold there wouldn’t be enough money for either of them to buy another property as they can’t get a mortgage,’ says local family lawyer Janet Baines.
More and more family lawyers are working with couples who are living under the same roof while going through divorce or separation. ‘Quite often a client will ask, “How can I get him or her out of the house now?” I have to explain that without going to court for an occupation order, they cannot “get” their spouse out of the house, unless the spouse agrees to go,’ explains Janet who is a member of Resolution, a group of over 5500 family lawyers in England and Wales who are committed to resolving disputes in a non-confrontational way.
Living under the same roof while going through a divorce can mean real financial hardship for a spouse who doesn’t work or earns significantly less than their other half. Unless a person can prove to the Benefits Agency that they are living completely separate lives, whilst they are living with an earning ex partner, they may find it difficult to claim benefits. If the earning partner is being difficult or controlling with money, then the low or non-earning partner may find themselves in an extremely difficult situation.
‘The low or non-earning partner is usually refused Income Support on the basis that their ex is paying the mortgage and outgoings, and they are still living in the house together, leaving them with no cash of their own to cover everyday expenses’ explains Janet.
With leading economists predicting even tougher financial times ahead, it’s crucial that separating couples consider options that can help them negotiate through the perils of negative equity and falling house prices - and to do this without World War III breaking out in their nearest court room. Mediation and Collaborative Law are both alternatives to the traditional court process and are promoted by Resolution.
‘Trained mediators work with husband and wife together to try to resolve their differences, while collaborative law involves them sitting round a table together with their lawyers in structured meetings as an alternative to going to court,’ explains Janet.
Organisations such as One Parent Families, Childline (tel. 0800 111), Advice Now and the Family Mediation Helpline (tel. 0845 6026627) can offer support and advice to parents and children dealing with separation.
‘As the property market continues to slow down, couples are going to need good advice and support – before and after their divorce papers are issued,’ says Janet.
