19 May Relationships after lockdown. Guidance from a family solicitor
I want to talk about divorce and negotiating financial agreements
Many couples in lockdown are discovering that the time has heightened existing relationship strains. And for others, the pressure to open discussions about separation cannot wait any longer. If this sounds like you, there is help and guidance to take you through the first steps.
Your first consultation
You will have lots of questions, so jot them all down to ensure you don’t forget any of them. We will listen to you, outline our advice as to the next steps and then you can decide when you are ready to proceed and what approach you’d like to take.
We find that it is helpful to have a trusted friend or family member attend the first consultation with you for support, to take notes and raise any additional questions on your behalf.
COVID-19 may have impacted upon our ability to meet on a face to face basis, but we have plenty of ways to help you, such as video conferencing, telephone and email.
Is now a good time to move out of the house?
There is no simple answer to this question, every situation is different. However the housing market is open, so it is possible to move if there is an urgent need to leave a partner to take the first steps towards separation. We can talk about this during your first consultation. We will advise you on your unique situation and can determine what impact (if any) the lockdown has had on the value of your properties, savings and pensions.
How to proceed in the current climate
There are now several different approaches to divorce following the COVID-19 lockdown. A good family solicitor will always seek to negotiate a financial settlement wherever possible and most cases are resolved by one party’s solicitor speaking to the other party’s solicitor and reaching an agreement. This is how we have always conducted cases, and this will continue post lockdown. The benefits to this approach are that legal fees are reduced, and an amicable settlement is reached between you, without intervention from any other parties.
However, in some circumstances a more formal process is required to help the parties reach a settlement. The current crisis has led to all family solicitors considering a more viable alternative than Court proceedings in the form of arbitration or private dispute resolution hearings.
What is Arbitration?
Arbitration is similar to Court proceedings, however, it can often be more cost effective (in terms of legal fees) and the process can be finalised within weeks, as opposed to several months if an application is sent to the court.
In family arbitration you and your former partner appoint an arbitrator (who assumes the role akin to that of the Judge). The Arbitrator will make a decision that will be final and binding between the parties. The decision will relate to any financial and property disputes or some child-related issues arising from family relationships.
Family arbitration enables couples going through family breakdown to resolve disputes more quickly, confidentially and in a more flexible and less formal setting than a courtroom.
The same arbitrator will deal with all stages of the case from start to finish. You and your former partner have the major say in how the proceedings are run. Hearings can be conducted by video link and the technology is already in place to ensure the hearings progress smoothly.
The flexibility and the fact that you will get a final decision much more quickly can make arbitration more cost-effective than court.
What are private dispute resolution hearings?
Private dispute resolution hearings relate to finances which are less adversarial. The ‘Judge’ is actually an independent lawyer who is instructed by you and your former partner. S/he will try to conduct the process in a more conciliatory less contentious way than a Judge. You will be given indications that are reasoned and balanced to encourage settlements and avoid contested expensive trials. Sadly, our current judicial system is overrun with cases which often means that Judges have not had the requisite time to prepare for such hearings leading to parties feeling disappointed with a sense of injustice. This is exactly what good family solicitors want to avoid.
As with arbitration, private dispute resolution hearings can be conducted remotely by video conference. This also allows you to have several different “rooms” in which you can hold conversations with different audiences.
Whilst this crisis has been overwhelming for us all, it has undoubtedly changed our lives and with new technology in place, it is possible to move on from the breakdown of a relationship in an amicable manner with legal support at every step of the way.
Please get in touch if you would like any advice on divorce following the COVID-19 lockdown or other family law issues.
For legal advice email info@hrjforemanlaws.co.uk or call Hitchin 01462 458711, Welwyn Garden City 01707 887700.
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