The advice given in this article is correct as of 7th October 2020. The situation with Coronavirus continues to develop, so please do check our COVID-19 Insights Hub for the latest updates.
In April 2020 we wrote an article on whether it was possible to get divorced during the Coronavirus pandemic. Since then, whilst there has been a relaxation of the lockdown that was imposed, increasingly further restrictions are being reintroduced, and with winter approaching, many people may be asking themselves whether they can still get divorced if tighter restrictions are re-imposed.
The simple answer to that question is yes.
How are divorces working during Covid?
If you have decided to separate from your spouse, or are already separated and have decided that you want to divorce your spouse, this is still possible during the Coronavirus pandemic, even if the country is locked down.
Divorce and financial applications (both agreed and contested applications) on divorce were able to be submitted to the Court electronically during the full lockdown. The Court now is increasingly allowing work to be undertaken electronically, and therefore if tighter restrictions are brought in again, the Court system is in a much better position to be able to continue to function than it was in March 2020.
If a divorce and the resolution of financial matters are agreed, there will also be no need for Court hearings, and any correspondence or negotiations can be undertaken remotely via email/telephone.
What if there is a dispute?
Even if there is a dispute about the divorce, finances or arrangements for children, these issues can still be resolved with the assistance of the Court remotely.
Whilst the Court are still currently heavily restricting face-to-face hearings, arrangements have been made so that hearings can still proceed either by telephone or video conferencing. Paperwork can and is being submitted electronically, therefore the Judges still have all the information they need to be able to assist a separated couple in either reaching an agreement or making a decision on their behalf.
Unfortunately there are sometimes delays in the Court system which have not been helped by the pandemic. As a result we are considering alternative methods of helping clients to resolve disputes on divorce such as private court hearings where you effectively hire a Judge for a day. When you do this, it means that the Judge has carefully read and considered the papers, and has the time to assist the parties in attempting to reach an agreement. Unfortunately this is often not the case in the Court system which was already under pressure prior to the pandemic.
If you are concerned about your divorce and would like to speak to one of our experts, please don’t hesitate to get in touch.