Divorce During Lockdown
With the UK on lockdown during the global coronavirus pandemic, couples looking to separate may be wondering how this could affect the divorce process.
We recognise this is a difficult and challenging time for relationships. Whether you are already going through the process of separation, or considering your options, here are some of the ways in which we can help during these unprecedented times.
Our Experienced Family Lawyers are Working Remotely
Be assured that our family lawyers can continue to advise and assist you in the process of separation. All of our divorce and family law specialists are available and are working remotely from home. This means we are just a telephone or video call, text message or email away.
Whilst we are currently unable to physically meet with you, we regularly take instructions over the phone, by email and using video conferencing to meet new clients, or to speak with our existing clients. We can tailor our approach to meet your needs, as we understand that the lockdown and living arrangements may make virtual meetings challenging for some.
Online Divorce Petitions and Other Court Applications
All divorce petitions can be submitted online. All you need is access to a camera phone or scanner, and our experienced divorce solicitors will help you take the first steps in petitioning for divorce or responding to a petition.
Other family court applications can now be filed online too, including applications for Child Arrangements Orders and filing Consent Orders for the court's approval.
Virtual Mediation
We encourage our clients to try to resolve financial and children matters outside of court wherever possible. Mediation may be a useful forum for discussing such matters. In mediation, an independent mediator helps you and your spouse to work out a mutually acceptable agreement on the issues of importance to you both - this includes finance settlements and arrangements for children.
Many mediators already offer these sessions virtually, using Skype, FaceTime, WhatsApp or Zoom video calls, allowing this service to continue during lockdown.
Private Virtual FDRs
If you are in receipt of all the financial information that is required to enable the parties to enter into meaningful negotiations, you could consider holding a private virtual FDR. This involves a jointly instructed barrister who holds a mock 'hearing' to offer their independent view on the likely outcome should the matter proceed to a court hearing. This can be a speedy and cost effective solution which can be extremely helpful in these difficult times.
The Family Courts
If matters cannot be resolved outside of court, your case will continue to proceed to formal court hearings with a judge. However, in the current climate, for the majority of cases it will not be appropriate for parties to attend hearings in person. Therefore, the courts have adapted to utilise virtual methods for these hearings, such as accepting electronic papers and holding video or telephone hearings.
However, given the pressure currently on the courts, there are undoubtedly going to be delays in the court process. The courts are prioritising urgent applications and requesting that parties consider alternative methods, such as mediation, private hearings and arbitration. This helps to ease the pressure on the court system, whilst ensuring that your divorce or other family matter is dealt with as cost and time proportionately as possible. All of our family lawyers are experienced in arranging and advising on alternative dispute resolution practices.
Putting You First
In these uncertain times, we will continue to put your needs first and explore the best options for your specific circumstances. For example, given the uncertain economic climate, for some clients it may be best to put financial matters on hold, whereas for others a speedy resolution will be the preferred option. We will of course continue to communicate with you to help you through this difficult time.
VWV is a full service, professional law firm and are unable to offer free legal advice at this time.
If you do require legal assistance and would like to discuss your case with a specialist Divorce & Family lawyer, please contact Sam Hickman on 07464 544828, or complete the form below.