Lockdown has placed great strain on some married couples. The challenging lifestyle we have all had to assume has, for some people, opened their eyes to the problems within their relationship that have ordinarily been brushed aside. Any marriage which is already under strain may struggle to survive the testing times we are currently experiencing.

In these circumstances if one or both parties makes the decision that the marriage has run its course and divorce is inevitable, there are steps that can be taken during the course of lockdown towards the start of the procedure. The family court is dealing with cases that were already in progress via technology. However, it is reasonable to say that it is likely that a considerable number of cases will be postponed or delayed. The imperative to negotiate terms of a divorce acceptable to both parties becomes all the more important. Legal Law Limited’s family law team recognise that anxiety and concerns arising from a divorce are likely to be amplified in the current circumstances. Our lawyers are extremely experienced in successfully guiding our family law clients to equitable solutions regarding both the financial and child arrangements, with particular expertise in dealing with the challenge of cross-border divorce.

If an individual decides to take the decision to divorce their spouse at this time the family courts do, under certain circumstances, accept the breakdown of a marriage, the sole ground for divorce, despite the fact that the couple may still reside in the same property. The court will accept that the couple are “separated” under the same roof, provided you can show “separate” households. The divorce process can be started and it is highly likely in the future that the fledgling online divorce procedure that the courts were in the process of implementing will go forward.

The well-being and best interests of children of a marriage remain paramount across all jurisdictions. The president of the family division in England & Wales, Sir Andrew MacFarlane, has made it very clear that any parent deemed to be attempting to exploit the coronavirus lockdown to prevent their child’s other parent from seeing their son or daughter can expect to face court action. Therefore, particularly with regard to married couples who are nationals of different countries, who, due to the demands of lockdown, find themselves living in separate countries, the custodial parent should recognise that the normal checks and balances will apply with regard to the custody of children and should not presume that children of the marriage will necessarily remain living exclusively in their care once the lockdown rules are eased and the ability to travel is restored.

Legal Law Limited’s family team believe that the best solution is to have honest and frank conversations with the other parent under the guidance of an experienced family lawyer who can orchestrate sensible communication during this exceptional situation and lay the ground for a permanent solution in the future, enabling the children to have an understanding of the way the family will function going forward and providing them with a period of time to adapt to their new life.

There are often no easy answers when negotiating a divorce settlement and the advice and guidance of experienced family lawyers can prove invaluable.