stewarts

4 result(s) found.

COVID: Divorce enquiries surge
Photo by Zoriana Stakhniv on Unsplash

Love in the time of COVID: Divorce enquiries surge as couples return to pre-lockdown life

Published on
Sarah Havers
Sarah Havers
Associate in
Divorce and Family team Stewarts Law

As couples face the prospect of returning to a pre-Covid world and the freedoms we, at Stewarts, have experienced an enormous spike in new divorce enquiries.

In June 2021, there was a 136% increase in individuals seeking divorce advice compared to January this year.

The spike would suggest that in some instances the lifting of lockdown restrictions has proved a turning point, with people no longer prepared to wait to make key decisions about their lives.

This also marks a seismic shift from the typical ‘divorce calendar’, where the peak times are after Christmas and the school summer holidays. This is usually as a result of when couples have spent prolonged periods of time together.

Even the strongest of marriages have been severely tested by the overall stresses of the pandemic – financial, emotional and physical. What’s interesting is that now restrictions are lifting, many couples can no longer sustain who they were in lockdown. Having been forced to take a long, hard look at their partners, the much-heralded promise of ‘freedom day’ has taken on a whole new meaning.

The busiest 18 months in the history of divorce and family practice

The June divorce spike follows the busiest 18 months in the history of the divorce and family practice at Stewarts. Between July – October 2020, Stewarts saw a 122% increase in divorce enquiries, and a 107% increase in March 2021 compared to January 2021.

In addition, the firm has seen a 100% increase in new enquiries for pre-nuptial agreements in June 2021 as compared to February 2021. With the pandemic causing many weddings to be delayed, couples have potentially had more time to think about what they really want and the importance of safeguarding their assets.

Now that restrictions are easing and the big weddings are being planned for late summer/September, we’re seeing a boom in prenuptial agreements as part of financial planning for a future together. In a world of uncertainty, a ‘pandemic pre-nup’ gives both parties certainty and control over a fair financial agreement should the relationship sadly fall apart.

Click here for more articles from Stewarts Law

About Sarah Havers

Sarah is a Senior Associate in the Divorce and Family team at Stewarts, the UK’s leading litigation law firm. She advises on all high-value, multi-jurisdictional family law issues.

More information on Sarah Havers is available here: stewartslaw – Sarah Havers

www.stewartslaw.com

You might be interested in

Lates changes to no-fault divorce
Photo by Ethan Smith on Unsplash
//

What do latest changes to no fault divorce mean for separated couples?   

Published on
Adrian Clossick
Head of Divorce and Family
Stewarts Leeds office

Deciding to get a divorce is never an easy decision and going through the process can be very difficult, no matter the reason for it.

But did you know that the landscape for separated couples is changing, with divorce law set to undergo a dramatic shake up?

Long-awaited reforms that were originally planned to come into effect this autumn have been pushed out until spring 2022. This new legislation is known as no-fault divorce and has been coined by many as ‘the end of the blame game’.

I will be discussing no-fault divorce, the changes due to come into effect in spring 2022, and the benefits of this new legislation for separated couples.

What is no-fault divorce?

No-fault divorce is the first major divorce law reform since the 1970s, which will put an end to couples being forced to find blame in one party for the marriage breakdown.

The Act was passed in June 2020 and the changes were originally set to be implemented from autumn 2021. It has since been announced that the government is working on a new commencement date of 6th April 2022.

What does it mean for separated couples?

What no-fault divorce means is that come spring 2022, couples will no longer need to prove one of the five facts as set out in current divorce legislation:

  • Adultery
  • Desertion
  • Unreasonable behaviour
  • Two years separation with consent
  • Five years separation without consent

Instead, the new law will retain the sole ground of divorce being that the marriage has irretrievably broken down, but the need to specify one of the five “fault based” facts will be removed, replacing  it with a statement that the marriage has broken down irretrievably, and there will be no requirement of proof. This will put an end to any blame needing to be given for the marriage breakdown.

The emphasis of no-fault divorce is to encourage a constructive approach to separation and focus on reconciliation, reflection and trusting the judgment of the couple wishing to file for divorce.

No-fault divorce will reduce conflict, allowing couples to focus on important issues like children, property and finances.

The new legislation will:

  • Replace the ‘five facts’ with a new requirement to provide a statement of irretrievable breakdown
  • Remove the possibility of contesting the divorce
  • Introduce an option for a joint application

These changes will also apply to the dissolution of civil partnerships.

Legal terminology changes

If you are finding yourself struggling with legal terminology around divorce, this is also set to undergo a change.

The new legislation is also set to make sure language around divorce is in plain English. Examples include:

  • The petitioner will now be called the applicant
  • Changing ‘decree nisi’ to conditional order
  • Changing ‘decree absolute’ to final order

No-fault divorce: The benefits

There are several benefits of a no-fault divorce, including:

  • It removes blame
  • It better reflects modern relationships
  • It is more current and up to date
  • It negates the need to fit one of the ‘five facts’ into the reason for the marriage breakdown
  • It is a more simplified process
  • It removes the option to contest the divorce

The current law forces those whose marriage is over to blame the other for the breakdown if they are not prepared to wait for a minimum of two years after separation to divorce. If the other spouse does not agree to the divorce, that period is extended to five years.

Very few clients wish to wait that long. They therefore find themselves having to blame the other party’s adultery or unreasonable behaviour to obtain an immediate divorce, whether or not that reflects the reality of the reasons for their separation. This can polarise positions and amp up emotions.”

Coping strategies

If you are separated and awaiting the no-fault divorce legislation to commence next spring, there are several ways to help cope through the difficult adjustment:

Lean on support networks

This period is challenging, mentally, emotionally and physically, and it is important to share your feelings with friends and family to help you get through this period. Other options include joining a support group where you can share feelings with those going through a similar situation.

Avoid isolation

Isolating yourself, particularly during difficult situations like separation and divorce, can raise stress levels, impact concentration and cause barriers with work and relationships, as well as mental and physical health.

Self-care

Ensure you are good to yourself and your body. Ensure you are taking time out to exercise, eat a well-balanced diet and factor in vital periods of relaxation. Try and stick to your normal routine as much as possible, and try to avoid making any major additional decisions or changes.

A positive approach

While it will be challenging at times, try and approach this period positively by embracing new activities, spending time with new sets of friends and moving forward with reasonable expectations to help make the transition easier.

The landmark law changes are set to change the divorce law landscape for separated couples significantly in the future.

The change in the law has been supported by the majority of divorce lawyers as it is bringing divorce law into the 21st century. Removing the need to blame the other spouse for the breakdown of the marriage will hopefully result in a more dignified process for all concerned and enable divorcing spouses to focus on resolving the real issues between them. In short, the change should make the divorce process kinder.

Click here for more articles from Stewarts

About Adrian Clossick

Adrian Clossick is Head of Divorce and Family at Stewarts Leeds office, the UK’s leading litigation-only law firm.

www.stewarts.com

You might be interested in

Can I travel to amber list countries with my children
Image by Promethean7 from Pixabay

Can I travel to amber list countries with my children?

Published on
Hannah McCrindle
Hannah McCrindle
Associate
Stewarts

After what can only be described as an extremely challenging 18 months, it is entirely understandable that most people are keen for a holiday abroad.

COVID-19 has resulted in significant changes in the way we have to live our lives, not least the constraints placed on our freedoms and the ability to travel across the country and overseas. The restrictions have resulted in people not being able to visit their home countries, and children being prevented from seeing relatives for over a year.

As the summer holidays creep closer, together with the recent delay in the easing of COVID-19 restrictions, the question mark over travel abroad is becoming more pronounced.

So what is the position on overseas travel for separated couples with children and how can you obtain consent to travel overseas?

Government guidance

Currently, government guidance states that non-essential travel is not allowed to amber list countries.

While it is possible to visit the limited green list countries, to visit an amber list country for essential travel, the following must be adhered to:

Before you travel to England you must:

  • Take a COVID-19 test
  • Book and pay for day 2 and day 8 COVID-19 travel tests – to be taken after arrival in England
  • Complete a passenger locator form

On arrival in England you must:

  • Quarantine at home or in the place you are staying for 10 days
  • Take a COVID-19 test on or before day 2 and on or after day 8
  • You may only be able to end quarantine early if you pay for a private COVID-19 test through the Test to Release scheme.

The above requirements are relevant whether you have been vaccinated or not.

The standard position on overseas travel

If you are a parent looking to take your child abroad, either permanently or for a holiday, consent must be granted from everyone with parental responsibility, which usually includes the other parent. The only exception to this is when one parent has the benefit of a Live With Order, via a Child Arrangement Order. In this case, that parent can remove the child from the jurisdiction for up to one month without the consent of anyone else holding parental responsibility. However, for anything over one month, consent is required.

This is the position in current COVID and non-COVID times.

Family law: Issues

When it comes to current amber restricted travel, separated parents face difficulty as in the majority of situations, both parents have to consent for a child to be removed from the country.

COVID-19 has increased anxiety levels for many people, and there are several reasons why a parent might not feel comfortable with their child travelling to an amber listed country and may not consent, including:

  • Concern about their child’s health
  • The parent is uncomfortable with their child travelling on a non-essential basis
  • Concern over going against government guidance with amber list travel
  • The need to quarantine on return could disrupt schooling
  • Quarantining on return could impact the contact they are due to have with the non-travelling parent

While each of these concerns are valid, it does become a balancing act when for instance, one parent who is not from England is desperate for their children to visit grandparents in their home country. This may well cause a parent to be more open to ‘risking’ visiting an amber list country, creating an added complexity to co-parenting relationships at an already difficult time.

Obtaining consent

The best way to minimise issues and to avoid a last-minute court application, is to keep the lines of communication open with your co-parent and to obtain written consent prior to booking any trip.

The following recommendations may assist with obtaining consent while the amber travel restrictions are in place:

  • Be open and honest about where you plan to travel, who you plan to see, where you will stay and discuss how you intend to keep your child safe as this may alleviate any fears.
  • Consent can always be withdrawn, so having an open discussion about any anxieties/concerns may minimise the chances of this occurring.
  • Discuss quarantine restrictions and how that may affect upcoming contact with your co-parent, or school, and plan together how any time missed can be made up.

Working together instead of against each other is key, and is much more likely to lead to an agreed way forward, which is ultimately what is in the best interests of the children during these unprecedented times.

Click here for more articles from Stewarts

About Hannah McCrindle

Hannah advises clients on all aspects of family law, with a focus on resolving complex financial issues for high net worth individuals. Hannah has particular experience in cases with an international aspect. She has an interest in UAE/Sharia law having spent time working in Dubai before joining Stewarts in April 2020.

www.stewartslaw.com

You might be interested in

Leading law firm predicts winter divorce spike as couples say goodbye to 2020

Leading law firm predicts winter divorce spike as couples say goodbye to 2020

Published on
Toby-Atkinson
Toby Atkinson
Partner at
Stewarts

Typical January divorce rush set to come early as couples put 2020 behind them

The coronavirus pandemic has placed an immense strain on relationships. This year has created the “perfect storm” of couples being locked down together, juggling the unique demands of work and home schooling and in many cases facing additional financial pressures and health concerns.

Divorce enquiries between July-October 2020 were up 122% compared to the same period in 2019. Interest in separation spiked during the summer months, as the number of people seeking divorces between July and August tripled compared with the same period last year. I am expecting a further spike in the next couple of months in the light of the latest national lockdown.

Spending prolonged periods at home typically leads to spikes in new divorce cases in ‘normal’ life – our peak times being after Christmas and the school summer holidays – and it is therefore no surprise that we have seen a significant rise in the number of new enquiries.

This year the September rush came early.  The shift towards pre-Christmas separation enquiries demonstrates the enormous impact of COVID-19 on relationships. It is fair to say this has been a year to test even the strongest of marriages.

Below are the most common questions around divorce and separation that the firm has been asked in recent weeks.

Divorce FAQS

Q.) Should I separate during a global pandemic?

A.) It depends entirely on a couple’s individual circumstances. There is uncertainty in relation to just about everything at the moment; the economy as a whole, the future of entire industries, jobs, investments and the value of people’s homes, so many will feel that taking the plunge and getting divorced in such an uncertain climate is just too risky. There will undoubtedly be others, however, who will see this as a perfect opportunity to get divorced during a recession when they believe the process is likely to cost them less. Often, a bad time for one party to divorce will be an opportune time for another.

Q.) Can you challenge child maintenance obligations during a pandemic?

A.) Child maintenance is always variable, up and down. If the paying parent loses their job and it seems unlikely they will secure alternate employment in the relatively short term and/or they do not have capital resources from which to cover the maintenance while new work is found, then this change in circumstance would justify a variation of child maintenance obligations.

Q.) What are the challenges you’ve seen around separated couples with children who live in different countries, and what advice would you give those who find themselves in this situation?

A.) The issues for international families, in particular, are wide ranging. In some instances, parents have been prevented from spending time with their children, either because they cannot travel to England or because their child cannot travel to them. For these families there has been an increased focus on indirect contact (via FaceTime, Zoom, WhatsApp) and, inevitably, discussions have led to questions of missed time being made up as and when travel restrictions are lifted.

Parents are to be encouraged to behave reasonably and to establish good lines of communication with their ex-partner. Undoubtedly, there will be parents who seek to use the lockdown and travel restrictions as an opportunity either to spend more time with their children or otherwise to restrict, whether reasonably or not, the other parent’s contact.

Parents should remember that if their dispute ends up in court, the judge will scrutinise each party’s conduct and assess whether they have acted reasonably in the light of the then-current government guidance and the particular circumstances of that child/family.

Q.) I rushed to move in with my partner during the first lockdown so that I wouldn’t be alone – is there anything I should do to protect my assets?

A.) Couples who rushed to move in together ahead of the first lockdown should consider entering into a cohabitation agreement to minimise the risk of financial dispute later down the line in the event of relationship breakdown. The same applies to couples who have had to postpone their weddings and are planning to purchase a property together in the meantime.

Click here for more articles by Stewarts

About Toby Atkinson

Expertise

Toby advises clients in relation to a broad range of family law issues arising on the breakdown of marriage or cohabitation, with an emphasis on the financial claims that arise on divorce. He has particular experience of international cases, often involving jurisdiction disputes.

Toby has significant expertise in cases concerning highly contested contact arrangements. He is an experienced practitioner in the field of international child abduction and is regularly instructed in cases concerning applications under the Hague Convention, applications for permission to relocate and decisions about a child’s habitual residence.

On the non-contentious side, Toby regularly advises in relation to pre-nuptial and post-nuptial agreements, cohabitation contracts and asset protection.

Recognition

Toby is ranked by Chambers UK 2021 and Chambers High Net Worth 2020, with one interviewee commenting: “Clients love him because he’s unshowy but incredibly reassuring and sensible.”

He has been commended by The Legal 500 for his “superb work” and is described as a lawyer who “strives to achieve a peaceful resolution if there is one to be found whilst preparing to fight if required. His advice is thoughtful and measured and his judgement is sound”.

Toby was described by Spear’s Wealth Magazine as “unflappable” and “a sage family lawyer respected by peers for his client skills, work ethic and good judgement”.

He was named in the Citywealth Leaders List 2016, which described him as “fantastic with clients and a great tactician. He is equally adept at litigating outcomes in difficult cases as he is in negotiating bespoke solutions. I am quite sure he will be one of the industry leaders for years to come.”

www.stewartslaw.com

 

You might be interested in