We have entered unprecedented and challenging times this month as a result of the Covid-19 Coronavirus outbreak. There is a lot to be said for limiting the amount of panic and first and foremost we want our clients to look after their physical and mental health.
Each and every member of the Family Team at Stephens Scown fully appreciates that those of our clients in the midst of a divorce, separation or court proceedings are already encountering hugely stressful circumstances, and recent events of course exacerbate those feelings. We will be doing all we can continue to support and advise you through your situation.
The Family Court
As a result of the national health emergency, like many institutions, the Family Courts are going to be under increased pressure with many employees working from home or possibly unable to work. In due course, whilst still unconfirmed, it is not impossible that we will also see temporary court closures.
Therefore, for the time being, and whilst the courts remain open, it is essential that you get all applications and documents into Court as soon as you can. For example, Acknowledgments of Service, Applications for Decree Nisi and new Petitions should all be filed quickly upon receipt given the fact that your ability to deal with the financial settlement hinges upon the Divorce reaching the mid-point of Decree Nisi. This is when the judge then has the ability to make orders about financial settlements. We can help get these documents to Court urgently, and if you have not yet been in touch with us to approve or complete paperwork, we would urge you to come back to us as soon as possible so we can keep things moving for you.
Whist we may experience a backlog in processing applications, it is important that we get documentation to the court quickly and efficiently.
It doesn’t all stop
If we are helping you to negotiate a settlement out of court, the fact that the Court system may experience difficulties, does not mean your negotiations have to stop. It is perfectly possible for use to reach a form of binding agreement with your spouse in correspondence which must be adhered to, save for very exceptional changes in circumstances which occur after that agreement has been reached. We can take steps to get all paperwork drafted and signed, even if there is a delay in the Court processing it.
Court hearings
We have many clients who are further along with their divorce and perhaps already have court hearings listed. The judiciary have released guidance that wherever possible, Court hearings will be dealt with remotely. This means using telephone hearings, Skype or BT conferencing facilities. Our team have experience in conducting remote hearings and we will advise you on how this will work from a practical point of view and what the implications may be in the run up to and following the hearing. The priority of course is to do everything possible to keep delay to a minimum. There will inevitably be some cases where it is not possible to conduct remote hearings. In those situations, we are exploring alternatives to Court, such as Private FDRs and Alternative Dispute Resolution options. We are publishing further information about this too.
We will be continuing to share updates as the situation around COVID-19 evolves. You can find the contingency plans that we have put in place, along with further advice, here.