If you’re facing divorce in the wake of Covid-19, there are certain things you need to know. Here are our tips for navigating separation in a post-pandemic world:
Remote hearings
The worst of the pandemic may be over, but family courts are still using video conferencing technology to hold remote hearings. The good news is that these can be faster and of course, they eliminate the need to commute to court.
You should treat a remote hearing with just the same gravity as a courtroom setting, ensuring you dress smartly and prepare properly. However, you’ll also have the added burden of tidying up, checking your internet connection and ensuring the kids are safely out of the room.
New ways to access legal advice
One of the positives to come out of a very difficult last few years is that it’s now easier to get legal advice when you need it – in a way that suits you. This could be over the phone, using video technology or in person.
During the pandemic, divorce solicitors like Tracey Miller couldn’t meet, consult and offer advice in person, so we worked fully remotely to provide support to our clients. And because you never know when you might need to ask a crucial question or get advice, we also offer a 7 day a week service.
No-fault divorce is here
It may not be a consequence of the pandemic, but the introduction of ‘no-fault divorce’ is one of the biggest changes to UK divorce law in 50 years. If you’re starting divorce proceedings after 6th April 2022, this will affect you.
You can read all about the new rules in our blog, but the main thing you need to know is that one person no longer has to assign blame for the relationship breaking down. For example, citing a partner’s ‘unreasonable behaviour’ as the reason for divorce.
Marriages can also be ended jointly, so one person doesn’t need to petition the other for divorce. And there’s a new 20-week cooling off period before you can get your conditional order (formerly known as the decree nisi). This is to provide time for reflection, reconciliation and cooperation.
Be realistic about the timeline – and expect delays
The pandemic has caused serious delays in an already overstretched legal system, which means that divorces are taking longer. And as we’ve discussed above, added on top of this is the new 20-week cooling off period after the divorce application has been submitted. Unfortunately, this isn’t all, as the new laws also stipulate a mandatory six-week gap in between the conditional order (decree nisi) and final order (decree absolute).
All of this means that you could be in for a wait of at least six months, or likely longer. It’s best to keep this in mind from the outset, so that you can manage your expectations.
Need legal advice you can count on? Get in touch with our Liverpool divorce lawyers to set up a free, no time limit consultation.