The concept of ‘birdnesting’ is becoming an increasingly popular co-parent strategy following a separation.
This approach has been popular in countries such as the US, Australia and The Netherlands for quite some time. Amid the ongoing cost of living crisis, birdnesting is becoming more prevalent in the UK as well. However, it requires two willing participants who can adopt a child-focused approach.
What is bird nesting?
Birdnesting is an arrangement where the children of the family continue to live in the family home full-time, while the divorced or separated parents take turns living there on a rotational basis. This allows for the children to remain in a stable home environment and the parents to share childcare responsibilities, along with the associated costs to maintain the family home.
Usually, couples who adopt the birdnesting approach alternate their time between the family home and a second lower-cost property or stay with friends and family.
What are the positives of this approach?
- One of the main advantages of birdnesting is that it allows for the children of the family to remain in the family home, providing them with stability and minimising disruption during a transitional and challenging time.
- Birdnesting maintains the status quo for the children; they do not need to travel between their parent’s respective properties and remain in the same school and friendship groups.
- From a financial perspective, one of the biggest benefits is that it eliminates the immediate need to sell the family home or raise funds to buy one another out, which can reduce conflict.
- Further, in light of the ongoing cost of living crisis, this arrangement helps both parties share the ongoing costs associated with the family home.
Are there any downsides?
- Since parties continue to share the costs associated with the family home, financial boundaries can become blurred. Many parties often prefer a ‘clean break’ where possible.
- This approach could confuse the children if a clear separation between their parents is not apparent.
- Birdnesting may prevent divorcing couples from obtaining emotional closure and the freedom they need to move forward.
- Complexities could arise if one party forms a new relationship. Clear ground rules must be established at the outset of any birdnesting arrangement to avoid potential areas of conflict.
Is this the future?
When it comes to separation, there is no one-size-fits-all solution. While birdnesting may work for one divorcing or seperating couple, there are circumstances where this approach may not be appropriate.
Various legal considerations must be taken into account when considering birdnesting or any other arrangement. It is important that parties consider financial arrangements such as:-
- How will the family home be paid for?
- How will the bills and outgoings be split between the parties?
- How long should the arrangement continue?
- If the property is to be sold, how will any equity be split?
- If the property is to be transferred between the parties, who will receive it and how will any lump sum be established?
In addition to financial consideration, the parties must also consider finalising the arrangements for the care of the children.
To avoid uncertainty, it is imperative that any birdnesting arrangement is drawn into an agreement which outlines parenting arrangements/plans, the sharing of financial commitments and responsibilities, as well as timescales for what will happen when the arrangement ends. It is crucial that these issues are fully considered and agreed upon before implementing such an arrangement.
If you are considering separation and arrangements for the children and finances, including a birdnesting approach, please do not hesitate to contact Catherine Lowther at cel@swinburnemaddison.co.uk or Ellie Straughan at els@swinburnemaddison.co.uk, alternatively please call our family team on 0191 384 2441 to discuss all options available to you.
