The prospect of
dealing with a marriage breakdown, in ordinary circumstances, can be one of the
most difficult life experiences that anyone may have to face. In these extraordinary times, families are experiencing
previously unheard of restrictions in terms of their movement, behaviours and
interactions, and we anticipate a significant increase in those couples requiring
advice on family law issues, as has already reportedly been evidenced elsewhere. With the additional financial pressures
associated with the pandemic, how can couples on the brink of separation best
manage the current situation?
Any separation is
always improved when a degree of civility and mutual respect can be maintained. If there are children involved, endeavor to shield
them as much as possible from the adult issues and avoid drawing them in to any
disagreements or disputes. It is
important for parents in this situation to remember to prioritise what is best
for the children, over and above their own needs, and to put their welfare at
the heart of any decisions that are going to be made. For those that live separately already, the
Government has issued well publicised guidelines as to how best to manage the
movement of children between homes throughout this time. If children are unable to move between
households, due to ill health, for example, efforts should be made for contact
to be maintained remotely by phone calls, Skype or video calls, if appropriate.
With regards to the
family finances, it remains to be seen how the current pandemic will affect
longer term income positions, as well as the value of investments including valuation of the family home, so it
may be prudent to reassess the situation when the public health situation
improves. In the short term, think about
pragmatic steps which may be taken to alleviate any immediate cash-flow
problems, such as discussing things like mortgage holidays with your mortgage
provider if income is an issue, but be cautious about what may be left and what
you may need after this crisis abates.
Take advice, if needs be about the various support schemes the
government is proposing, including loans to small businesses, and help for the
self-employed and employees who are temporarily furloughed due to the ongoing
situation.
For any couple facing separation, attempting to keep conflict to a minimum and avoiding escalating disputes is always best. However, if you are concerned about your own or your children’s personal safety, urgent advice should be taken from a specialist family lawyer who will talk you through your options. Access to the courts for emergency matters continues at this time, with the courts facilitating remote hearings in a variety of ways to ensure that access to justice can continue for those who need it most.
If you require advice or assistance in relation to any family law matter, please contact our Partner, Naomi Devlin or another member of our family law team in confidence by ringing our Belfast or North Down offices on 028 9043 4015 or 028 9181 1538 or by emailing: [email protected]
