LOCKDOWN AND DIVORCE

We are living through an extraordinary time, which is putting unique pressures on relationships. Existing relationship issues are being magnified and new difficulties are arising, writes Sarah Robson of Forbes Solicitors

As lockdown eases some couples will be faced with decisions as to the future of their relationship. A recent study conducted by Relate found that almost a quarter of those surveyed who have a partner say the current circumstances are placing pressure on their relationship.

It isn’t unusual for family lawyers to experience an increase in divorce enquiries after couples have spent prolonged periods of time together, for example after Christmas or in September. It is anticipated that as lockdown eases there will be a similar spike.

As such it may be advisable to seek legal advice now. Divorce Petitions can still be issued at Court in the usual way, but the process is taking longer.

Obtaining legal advice at an early stage is always advisable. Your financial circumstances may have been impacted by the pandemic – the effects can be far-reaching. Starting the divorce process now might ensure that you do not face further delay as the lockdown eases further still. The Court system is experiencing delays generally in the processing of documents but we can advise you along the way. Forbes Solicitors are still taking on new clients to provide legal advice during these difficult times. We are conducting all appointments remotely, usually by telephone, but are maintaining the same standards of service as during ordinary times.

The Family Courts are particularly stretched. They are adapting to the remote working environment. However, many cases are being adjourned if they are unable to be dealt with remotely. As such financial cases may take longer to be concluded. Once lockdown eases there may be a backlog of such cases meaning further delay.

As well as the traditional route there are alternative options available to resolve financial matters, including mediation, private Court hearings and arbitration. As such if there are financial issues that need resolving, it may be that rather than having a lengthy Court process, the matter can be resolved in a different way, saving costs and time.

Covid-19, and the impact of it, may have affected your financial circumstances – if you have an existing settlement, or are contemplating reaching an agreement, you may need to take legal advice given the change of circumstances. Investments and pensions may have been impacted. The ability to obtain a mortgage may also be an issue, especially if your employment or income has been affected. Business owners may also have seen a decline in the value of their business. Selling the family home is often a consideration during separation and divorce and the housing market has already been impacted by the lockdown so further consideration will need to be given to housing both parties and the children.

Many couples who have been through the Court process already, could be affected by a change of circumstances. If you have a Spousal Maintenance Order you may not be able to meet the repayments, this is a worry for the recipient and the payer. Whilst the Court has the power to vary such orders it may be more advisable to try and reach a compromise with your former partner until your circumstances improve. Similarly, for child maintenance payments there may need to be some compromise. Those with School Fees Orders could be advised to speak with the school directly regarding any difficulties that are arising.

The overall impact of Covid-19 is far reaching. However, our experienced divorce lawyers can assist during this process and provide you with legal advice as you navigate a change of circumstances at this difficult time.

For information please contact Sarah Robson, Family Solicitor by email at: sarah.robson@forbessolicitors.co.uk or call on 01772 220 022

forbessolicitors.co.uk

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