For high net worth professionals and their spouses, resolving financial issues upon divorce or children arrangements can be contentious and complex. Writing for the Yorkshire Post, our Professional Practices Group explained some of the most pressing issues including shifting working from patterns, disputes over private and state schooling and favourable mortgage arrangements.

If you’re currently reading this in your office or on your commute, you’ll probably have noticed the speed of working life has picked up. Between the start of the new school year and the rush back to the office, September can be a stressful time for professionals.

For some, a knock-on effect in the family home is inevitable. “September has consistently been one of our busiest months for divorce enquiries,” says Adrian Clossick, Head of Divorce and Family (Leeds) and the Professional Practices Group at disputes law firm Stewarts. “As the glow of summer holidays ends and life returns to normal, those who are dissatisfied with their situation may decide that now is the time to act upon their feelings.”

Divorce is an extreme example, and is not the only thing that could keep family lawyers busy: upcoming changes to the law and working patterns could make 2024 a more challenging September than most for busy professionals, and indeed for family lawyers.

The end of working from home?

As we approach the five-year anniversary of the Covid-19 lockdowns and the working from home revolution, the ‘new normal’ of hybrid working has become second nature in most office workplaces. The majority of employers have however been careful to maintain that flexible policies are ‘subject to review’ or ‘at the discretion of the business’, and some seem to be tipping the balance back towards getting their employees into the office.

Some of the UK’s largest employers including banks Barclays and Deutsche, tech giant Dell and of course the civil service have all initiated or renewed pushes to get their staff into the workplace more often in 2024. This may come as a shock to those who have rebuilt their lives around having more time at home. “Lockdowns meant many working parents got to spend a lot more time with their children, and they have tried to maintain that as much as possible as offices have reopened,” says Jenny Bowden, senior associate in the Divorce and Family team at Stewarts. “A push to more office-based working may be especially tricky for those who have separated from their child’s other parent as it may require renegotiating agreements over how the child divides their time”.

Increasing time spent commuting or away from home will inevitably impact on many families, and at the extreme end there may even be individuals who may now need to take up temporary residence during the week in London or elsewhere. It is easy to see how such changes will impact on child arrangements.

“Changes in one parent’s working patterns may encourage or necessitate a recalibration of the practical arrangements for children. If not agreed, the other parent could seek a court order shifting the balance of how much time their child spends where, and the practical realities of parties’ locations, working patterns and availability inevitably will be considered,” Jenny confirms. The previous trend identified in people relocating out of the big cities as a result of flexible working policies may now slow down or even reverse.

VAT headaches

One of the new government’s flagship policies could also provide a fresh battleground for separated parents. The introduction of VAT on private school fees was one of Labour’s most controversial policies ahead of the general election, and it is understood that this charge will apply to all fees from 1 January 2025.

“Schooling is always one of the biggest potential sources of conflict for separated parents, and the private versus state debate is a common one,” Adrian Clossick notes. “The introduction of VAT on private school fees will put pressure on the finances of even higher-earning professionals and could lead to those parents arguing in favour of state schooling getting their way more often than previously.”

Stewarts associate Felicia Munde has previously written for the Yorkshire Post on the broader implications of private school VAT on separated couples. This is not only an issue for parents who are currently going through divorces: agreements around who pays for a child’s private education can be reopened. “If either parent had previously agreed to pay the bulk of school fees and is suddenly facing a larger bill than expected, they may choose to seek legal advice,” Felicia confirms.

More-more-mortgages

Parents are not alone in facing an uncomfortable spike in their outgoings. We may now seemingly be past the peak, but average mortgage interest rates remain much higher than they were half a decade earlier (and utility bills have had another, now familiar increase). For those whose previous five-year mortgage deals are about to expire, higher monthly payments may well be looming.

“Mortgages are significant commitments, and will always be taken into account during the financial discussions that come with divorce,” Jenny Bowden explains. “The ability of either party to raise (or service) a mortgage can be pivotal. The family court favours a ‘clean break’ upon separation, but an individual who will need to purchase a new property following a divorce may find their money goes less far than it did a few years ago, and the associated repayments may necessitate a degree of ongoing maintenance from a higher earning spouse.”

For those struggling with financial or child arrangements during or following a separation, seeking expert legal advice is always the best first step – even for lawyers themselves. “Ensure you’re getting advice from a real specialist,” Adrian says. “At Stewarts for example, our Professional Practices Group has extensive experience acting for professional clients and their spouses in divorce and children law proceedings, and resolving the complex issues that frequently arise.”