Newark: Can you get a divorce during lockdown? Emma Darley of Ringrose Law explains

For many couples, lockdown will have affirmed the sad fact that their marriage has irretrievably broken down, writes Emma Darley, of Ringrose Law.

The current worries regarding employment and financial instability, coupled with having to spend more time at home together, may have highlighted issues in your marriage that you are unable to ignore any longer.

But, is it even possible to get divorced during lockdown?

Here, we answer some common questions and provide some points to consider.

1. Can I get divorced during lockdown?

Most family lawyers are currently working remotely and the family courts are still open.

If you wish to start divorce proceedings, the courts have implemented an online procedure.

In straightforward, uncontested, divorces the entire procedure from filing the application to decree absolute can be dealt with on a paper basis.

This means there will be no need to attend hearings.

2. Should I wait until the restrictions have eased before filing for divorce?

The decision to divorce is not one that should be taken lightly.

However, if you are sure there is no prospect of reconciliation it may be advisable to issue proceedings at your earliest opportunity.

Even prior to lockdown the courts were suffering from backlogs and it is envisaged that there will be a huge surge in divorce cases once restrictions have ended.

Submitting your petition now may avoid court delays down the line.

3. Can I get a divorce if we are still living together?

You can still file for divorce, even if the current restrictions mean you will be living in the same house, providing you are living separately, that is sleeping, cooking, eating, washing and ironing separately.

If you are able to discuss, and ideally, reach agreement regarding the grounds for divorce and who will be the petitioner in the proceedings, it is less likely that your spouse will consider defending the divorce, reducing the risk of unnecessary costs, delays and stress.

In the absence of domestic abuse, it is quite common for couples to remain in the same property during divorce proceedings.

This could be either because the funds are not available for one party to move out, or because a settlement needs to be reached so that future arrangements can be made.

4. I have just been made redundant and received redundancy pay. Will this be considered as part of our financial settlement?

Generally, redundancy payments are not classed as marital assets and therefore not subject to division, however, the courts have wide powers to distribute assets and may take redundancy payment into account if the circumstances, and needs of the parties, require it.

5. How can we reach agreement regarding finances?

The first step is to work out your respective financial positions and the value of your assets, whether owned jointly or in sole names.

Once you have a clear picture on the available resources you can start thinking about how those assets should be divided to ensure each parties needs are met.

Many couples find mediation to be an effective way of reaching a mutually acceptable agreement regarding financial settlement.

Most mediators are able to conduct virtual meetings, using Zoom or Skype.

This means that matters can still be progressed, despite the current restrictions.

For further help and advice on this topic, talk to the family law specialists at Ringrose Law.

Call 01636 594460 or email wecanhelp@ringroselaw.co.uk