Financial concerns are increasingly adding strain for couples who are considering separation or divorce. Recently, our team have seen more people expressing worries about the financial implications of managing alone, including rising household costs and potential legal fees - impinging on their happiness and wellbeing.
For those who have decided that separation is the right step for them and their families, reaching as much agreement as possible directly with a partner can be one of the most effective ways to minimise costs and reduce stress.
This guidance comes at a time of year when separation enquiries often increase, particularly after the festive period. Many people choose to wait until after Christmas because they are concerned about the impact on their family. For others, the additional pressures of the season can be the tipping point after months, or even years of uncertainty.
Caroline Mackintosh, Partner in our Family Law team, said: “In recent years we hear more often from people who have been considering ending their relationship for some time, but that money worries had stopped them.
“The increased cost of living has undoubtedly played a part in that, adding to uncertainty and anxiety at what’s already an uncertain and anxious time. People worry about how they might support two households and other obligations, on top of legal fees and what any final settlement may look like.
“No-one likes to think of someone feeling as though they are trapped in an unhappy marriage. That could take a real toll on your health and wellbeing.
“It’s important that couples who want to separate, can. The best way for them to do that and manage finances is to obtain advice on possible parameters of settlement and the practical constraints which may apply - and then reach as much agreement as they can themselves. Lawyers can then fine-tune the details or formalise an agreement.”
Year-on-year, we have seen a spike in the number of divorce enquiries and internet searches it receives during January.
The festive season is often attributed as a factor in people making their decisions.
“Clients often say that they decided to stay with their husband or wife until after Christmas because they were worried about the impact on their family,” Caroline continues.
“For others, the stress of the extra time spent together over the festive period can prove to be the tipping point. Some have spent months - or even years - thinking about separating.
“Whatever the situation, though, the most straightforward separations and divorces are where couples find a way to communicate with each other, identify the issues which are most important to them and work out how these can be best resolved.”
While all cases are unique and some more complex than others, financial arrangements are generally where couples find they need professional guidance. Those who reach the most workable agreements are those who manage to avoid the courtroom.
Caroline said: “If you can come to an amicable, negotiated agreement, it means that you can better tailor the solution - whether that be financial or around childcare - to fit your exact circumstances rather than a court-imposed decision, which is inevitably more expensive to reach.”
Collaborative law is one approach used to help couples reach a settlement. This involves both parties and their lawyers working together, sometimes with additional experts such as financial advisers or life coaches, to resolve more challenging issues. Collaborative‑trained lawyers, including Caroline, also support clients in preparing for their own “kitchen table” discussions with their spouse, sharing advice on the possible parameters of settlement and the practical steps required.
We work with organisations including Consensus Scotland and CALM Scotland to offer relationship and mediation advice. For more details go to www.consensus-scotland.com and www.calmscotland.co.uk.
Caroline Mackintosh
Published 16 January 2026
