The coronavirus crisis is redefining lifestyles and the boundaries of our interactions. These changes, although they may be temporary, can challenge even the strongest bonds. For couples who are struggling in their relationship, it may seem that there is nowhere to turn due to the lockdown restrictions and the family Courts working remotely.
As family lawyers, we know it’s more important than ever that we are available to advise, encourage and support. It’s likely to involve new ways of working when face-to-face consultations aren’t possible and making private telephone calls may prove difficult. Even though our offices are currently closed, everyone is working to continue supporting families through the crisis.
If you are considering a divorce or had already started the process, you may still be living together during the lockdown. The Children and Families Act 2014 requires any potential applicant to consider using mediation and other forms of dispute resolution before resorting to the Courts in order to reach agreement on issues such as finances. This has become even more important in the current situation.
Deciding whether your relationship has run its course
You may have decided to try to reconcile your differences, or else wait until the lockdown ends, before pursuing a separation. Assuming there is no issue regarding personal safety, the decision is likely to be dictated by financial circumstances.
It is a good idea to begin putting arrangements in writing, possibly with the help of a professional adviser or mediator. Such guidance becomes vital where the decision is taken to start divorce proceedings, when legal and financial advice is important from the very beginning.
In terms of administration, the Courts have confirmed that online applications will continue, with the divorce petition being processed from application through decree nisi to decree absolute without any need for face-to-face contact.
Similarly, applications for orders relating to children can be made online, although this is currently restricted to certain postcode areas. In some areas, the forms must be downloaded and posted to the local Court.
Progressing a divorce
Existing financial arrangements made prior to the COVID-19 crisis will likely have a degree of flexibility. In these extraordinary times, the situation regarding both assets and job security may be uncertain, and some changes may be required in response. If you have already begun the process, such figures may have been collected some time ago and already form the basis for a settlement figure. These too should be reviewed in the context of any settlement negotiations.
The starting point for any new settlement is to look at assets in the marriage, with shared financial information for bank accounts, investments and other assets.
If a court date has already been set, the hearing will be held remotely, but all first hearings in financial cases will be dealt with by email only. Where cases are complex, the Court is expected to use video links for hearings, although in-person hearings may still be held subject to individual circumstances and the demands of the case.
In any divorce settlement, risk will be balanced against absolute value and the professionals will work to ensure that no individual ends up with all the riskier or illiquid assets. However, there may be those who have already reached a settlement which no longer seems fair. It’s important to seek guidance as soon as possible, although there is no guarantee that orders will be amended. The capital elements of any settlement will be amended only where an unforeseen event invalidates the assumption on which the order was based, but the income elements can be varied.
