Can I get divorced in Lockdown?
Can I still access legal advice during lockdown?
Yes. Our offices remain open during lockdown and we have safety measures in place to ensure that government advice is adhered to for the safety of our clients and staff. If however you prefer to have a meeting by telephone, that is something that we can of course accommodate.
Can I get a divorce if I am still living with my spouse?
Yes provided that you are not living together as a couple, for example, you no longer sleep together, do not socialise together or eat meals together, it is possible for us to satisfy the court that you are separated.
Can the divorce proceedings commence during lockdown?
Yes, the courts are still operational in lockdown. Whilst there were initially some delays during the first lockdown, the courts are now much better equipped to deal with divorces remotely.
Will I able to resolve financial matters during lockdown?
Yes, we have been continuing to assist clients with financial matters throughout the pandemic. We have assisted clients by email, by telephone, and if appropriate in face to face meetings. Clients have also had access to meditation by way of virtual meetings. The court has implemented an online system for submitting consent orders which we have found to be much more efficient than the previous paper applications.
Would it be advantageous to wait until the lockdown restrictions are eased?
There is rarely a good time to commence divorce proceedings, however, from experience, it is better to start proceedings as soon as possible as long as you are sure that the marriage has over. Until you are divorced and have entered into a clean break agreement, you and your spouse are able to make claims against each other’s income, assets and pensions. Whilst the court system has improved since the first lockdown, there is understandably still an impact on timeframes due to the pandemic so it is advisable to take steps towards issuing the proceedings sooner rather than later to avoid further delays.
Should you wish to make an appointment to speak to one of our experienced family solicitors, please contact us