How to proceed with a divorce during COVID-19

There is no doubt that COVID-19 has heightened the emotional stress and anxiety that divorce proceedings bring with them. I think most will agree that there is no perfect time to go through a divorce particularly where there are children involved given the emotional toll divorce and separation can take on families. The COVID-19 pandemic has unsurprisingly added to the uncertainty and anxiety that separation can bring.

It is still possible to get divorced and reach an agreement regarding the finances with your spouse during this time. Whilst the divorce process is fairly straight forward from a procedural point of view, the process itself is taking longer than usual due to the backlogs the Courts are experiencing with temporary closures and limited numbers of staff. Parties may wish to consider putting things off until the pandemic is over but prolonging the situation may cause further difficulties for separating families.  Parties have to consider the impact on their mental health and on their finances.  Parties are also encouraged to consider the changes in values of any assets that may be involved and needing to be dealt with.  This would include property, pensions and certainly businesses. Parties are encouraged to seek advice as every case is different and turns on the specific circumstances of that family or relationship.

Some parties may find that they are already in Court proceedings and want to know whether the hearings will continue.  In most cases, Court hearings are continuing and are being held remotely.  This is subject to the Court being able to accommodate that hearing.  Hearings are being prioritised by the Courts and consideration is given to the urgency of each matter on a case by case basis.  Whilst many Courts have had to close temporarily many are still accommodating remote hearings via telephone and video link such as Skype and BT Conferencing. 

Whilst the Court have been able to arrange some hearings remotely we have found that some hearings are being delayed or postponed.  In particular, there are hearings such as Final Hearings where it has been decided that it will be in the parties’ best interests to have those Final Hearings in person in Court.  This is to ensure that a fair trial can take place.  In those cases this does mean that the hearing may be adjourned until an “in-person” hearing can take place if that is the only option. It is at the Judge’s discretion and the parties are able to voice their concerns as to whether the hearing should proceed. 

Despite the difficulties that the Courts and parties are facing, there is no reason why work cannot continue as usual in between hearings and we are still here to assist where clients need us. Much of the work involved in divorce and financial remedy and children proceedings can still be carried out.

If you need advice and assistance, contact our Family Team on 01604 828282 / 01908 660966 or email Family@franklins-sols.co.uk.