There has been a lot of speculation and coverage in the media about the impact coronavirus may have on divorce rates.
The news headlines predict that, following the Government imposed lockdown due to coronavirus pandemic, it is very likely that the UK divorce rate will rise.
The current restrictions mean that couples and families are being forced to spend long periods of time together at home now.
We have seen numerous cases of communities and families coming together and relationships being made stronger as a result of the situation but we also need to prepare for the fact that the predictions may be true.
In light of this, Lindsey Canning, head of Family Law at Wake Smith Solicitors in Sheffield, looks at some of the facts behind the news articles and answers a few of the common questions being asked.
Lindsey Canning said: “Experience tells us that the usual peak times for individuals to seek divorce proceedings come after long exposure periods together during the summer holidays and over Christmas.
“It may, sadly, be the case that too much time in close quarters under quarantine will prove too much for some couples.
“China has already seen a spike in divorce cases as a result of couples spending so much time in isolation according to register offices across the country.
“The pressure of being together 24-hours a day seven days a week can bring problems to a head, arguments can escalate and relationships, already on a downward spiral, can deteriorate.
“Of course, on the flip side, the isolation can also bring people together, who were suffering problems before the coronavirus pandemic, to rescue a relationship.”
Here are some of questions the Wake Smith Family Law team is currently being asked in connection with ongoing and new divorce applications.
Is the Wake Smith Family Law team working normally?
Yes, we are working as usual. Our team is working from home, but we have systems and procedures in place to ensure work is carried out in the same way as normal. We are using email, telephone and video calls when needed.
Are the courts in the Sheffield Region working normally?
Yes, access to justice, which includes family law procedures, has been designated as an essential service. The Courts are still processing Petitions.
Are scheduled hearings taking place?
The courts have temporarily closed some buildings during the coronavirus outbreak. Court hearings are taking place via phone and we have been instructed by the courts to file papers by email.
If you were due to attend for a hearing, they will be in touch about alternative arrangements. There is no need to contact them.
Will there be delays to my divorce case?
We are not experiencing any significant delays with the divorce courts currently. There may be occasional delays due to staff shortages over the next few weeks but this would be the case in a normal period in any event. Once coronavirus has passed, we are expecting that there will be increased demand on the court system. This will mean the courts will be busier than usual, and divorce processes may take longer.
Can I leave my husband/wife during lockdown?
The practicalities of an actual separation during lockdown are more difficult, but it is still possible. The current government guidance is for non-essential moves to be postponed. If, however there is a high level of conflict, particularly where children are present; or if you are in an abusive relationship, it is imperative that you prioritise the welfare of your children and your own safety and health. It may, however, be preferable for your spouse to move out, so please seek legal advice first.
Should I delay agreeing a financial settlement until the COVID19 crisis has finished?
Each case is different. For some, it is better to wait, given the current financial uncertainty and significant decrease in the value of portfolios and pension funds. For others, they may wish to push through a financial settlement whilst assets are lower in value. We will advise you on the best options.
I pay maintenance to my ex-partner, but have lost my job and cannot afford to pay. Will I be in breach of the Court Order if I stop paying?
If your income has drastically decreased, and there is no Government help available to bridge the gap, firstly ask your ex-partner if they will agree to a temporary reduction in maintenance. If they won’t agree, then you will need to make an application to court for the Order to be varied. Legal advice is needed.
My child’s other parent claims they can no longer afford to pay me any child maintenance. Can they just stop paying?
If you have an informal agreement, and the other parent says they cannot afford to make the maintenance payments, it cannot be enforced. You should seek immediate legal advice.
If the Child Maintenance Service (CMS) has calculated child maintenance, the CMS may adjust their calculation downwards. The paying party must report any change in income before reducing payments.
If there is a Court Order, if the paying parent does not continue to pay they will be in breach of it. If they maintain they cannot afford to pay, but you believe they can, then enforcement action may need to be taken. Legal advice is needed before making an enforcement application.
For further information on co-parenting visit this link
For advice on divorce and family matters at this time call the Wake Smith Family Law team on 0114 266 6660.
