Coming out of a worldwide pandemic and into a cost-of-living crisis that does not seem to be easing is having an impact on families. We are seeing increasing levels of inflation and high energy bills and there is no sign of mortgage interest rates falling. It is an anxious time for households, with many having money worries at the forefront of their minds, and with the heightened tensions and emotions, there may be a number of couples suffering a breakdown in their relationship and contemplating separation. However, due to these increased costs of living, many have very real concerns that they simply cannot afford to go their separate ways.
It is becoming increasingly common for separating couples to remain living under the same roof in the short term, and often for longer than they would like, given the concerns of the availability of alternative accommodation for each party, the impact this will have on any childcare arrangements and who is responsible for paying the mortgage or rent and other household bills, and costs relating to the children. There is also the possibility of a significant financial penalty for clearing or transferring a mortgage before a fixed rate has ended. According to recent research conducted by Zoopla, separating couples have been forced to live together for an average of 1.3 years after they officially decided that their marriage or relationship has ended.
For most, finance is the main reason why people remain living together after deciding to separate, although it can also be due to childcare arrangements or wishing to maintain some form of stability for the children. The research mentioned above found that 17% of families remained living together for the sake of the children. However, in the current climate, it is due to many not being able to afford to continue paying their share of the mortgage for the former matrimonial home, or jointly owned property, and also pay rent and household bills for a new property.
It is important to seek legal advice at the very outset of a separation so that you are fully informed and aware of all considerations before discussing potential options and outcomes with your spouse or ex-partner and agreeing to any arrangement. There are several factors to take into account when determining who will stay in the former family home after separation or if the property should be sold.
There is the possibility of being supported by way of spousal aliment if you are married. There is an obligation on spouses to provide financial support to each other in terms of the Family Law (Scotland) Act 1985. If it can be established that one spouse has the resources and the other has a need then there is an obligation to provide reasonable aliment (regular payments from one spouse to the other to assist with expenditure). It is also important to be fully aware of obligations in relation to child maintenance, monthly mortgage payments (and other liabilities) and entitlement to state benefits.
We appreciate that this is a worrying time for a lot of families, particularly those going through a relationship breakdown. It is important to seek legal advice to understand your options, legal remedies, and your next steps. It may feel like there is no way out of a marriage or relationship in the middle of a cost-of-living crisis, however, our Family Law specialists are here to help!
