Breakdown of Love in a Coronavirus Climate
Leading family solicitor Elizabeth Hassall talks about the current ‘new normal’ in family law
Who could have predicted a global pandemic and the changes to every facet of everyday life it has meant? The “new normal”, “furlough” and “social distancing” are all phases that we have not had to contend with in our vocabulary until this dreadful virus took hold. As a Family Solicitor I have continued to work partly from home and more frequently in my office in Chester. It has been tricky getting used to remote court hearings which have been introduced and which have to take place instead of actually attending a court building.
Our new normal is a Judge on the end of a phone or an approved video link. Each court seems to have a different procedure. Clients do find it difficult and particularly nerve racking on occasion, to have to be in their own home on the phone instead of sitting beside their lawyer when dealing with often acrimonious issues with their estranged spouse or partner. It is equally difficult for the family lawyer to support their client when you do not have the ability of observing body language not only of your client but the opponent.
The court backlogs are frustrating as, although, I am hugely sympathetic to the court staff trying to do their jobs often remotely and without the support of colleagues who are ill the ability to give a timescale to a client for a court hearing or agreed order to be made is nigh on impossible. However, flexible we will always be with negotiations on finance and children contact time continuing. Farm and commercial buildings are now capable of being the subject of a formal valuation which was not the case even a week ago. Markets are of course very volatile and therein causes a problem when looking at pension assets or investments as part of a divorce case.
Interim arrangements are often the main focus with couples looking to separate post-lockdown and discussions ensuing about where each will live, who will pay for what and whether a separation deed might address temporary arrangements ahead of a formal divorce being commenced. Variation of existing maintenance orders will be, I am sure, a hot topic as paying parties see their incomes shrink or even lose their jobs. In contrast, some couples have reported that lockdown prompted a decision to part which was festering below the surface and amicable discussions have ensued about how to separate and which process to use.
Alternatives to Court intervention do exist with in particular collaborative law as a process not having had much recent publicity but being a particularly attractive service to use if couples are happy to sit in the same room with their respective lawyers and negotiate a deal which is then converted into a consent order. This process attracts parties who want privacy, often swift negotiations and are adamant that they do not want to go to court. Collaborative law would not be appropriate if court intervention was required which is always the case for some situations.
Dealing with the emotional fall out of a breakdown in a marriage or co-habiting relationship is often very challenging but is particularly heightened at the moment if a potential client cannot take advice from a specialist family lawyer. This has been the flavour over the last couple of months with snatched conversations with perspective clients from their bedrooms or parks when their partner is not about.
Fees are likely to be something that clients are particularly sensitive about but equally a DIY negotiation can often lead to difficulties with a client settling for far less than they might be entitled to or trying to negotiate at the wrong time when it would be better to take preliminary advice and then let asset value recover.
I would say that rather than struggle with a problem on your own do consider having a preliminary discussion with a specialist family lawyer as we may be able to propose some solutions or at least some creative paths which might lead to an answer even if in the short term until the current pandemic is over.
If you have any queries or feel we can help, you can contact me in confidence on ejh@jolliffes.com
Jolliffe & Co
6 St. John Street, Chester, CH1 1DA
t: 01244 310 022
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