When couples can’t agree how to resolve issues on separation/divorce, most people immediately think they have to apply to the Court.
But, even before the Covid-19 pandemic, the Family Court process was becoming slower and more frustrating for many people. Now there are staff shortages as well as a backlog of cases that are not suitable for remote hearings, using the Court to resolve issues could take over a year (if you are lucky).
So should you consider Family Arbitration?
Here are some Frequently Asked Questions answered by our specialist family lawyer, Barbara Richardson.
Many separating couples are wary of seeking legal advice because they do not want to have to face the emotional and financial cost of court proceedings.
They know that either they or their ex can apply to the court for a decision about the arrangements for their children and/or resolving financial issues, for example whether the family home should be sold. They also know that court proceedings can feel like a “fight” and that even if they achieve the outcome they seek the process can be very stressful and damaging for future family relationships.
The good news is that there are other ways that a specialist family lawyer can support separating couples to reach an agreement and make it legally binding without anyone having to attend court.
For those actively involved in running a business, the additional stress and anxiety of resolving financial issues on divorce can often affect the performance of the business.
The global public health emergency has meant that some businesses are not able to operate, some businesses are adapting but are seeing a downturn in work, whilst others are in high demand.
COVID-19 – WHAT SHOULD I DO ABOUT RESOLVING FINANCIAL ISSUES ON DIVORCE?
The current global public health emergency means that the majority of us are facing financial uncertainty. For many people this makes resolving financial issues on divorce now unwise, for others it may be in their interests to get on with reaching an agreement and obtaining the final divorce order, Decree Absolute, quickly.
The recent announcement by the Prime Minister on 23rd March 2020 about staying at home and away from others for the following three weeks has caused confusion for a number of separated parents about the arrangements for their children.
Child maintenance payments are usually regular monthly payments made by one parent to the other, after parents separate, to provide financial support for the child (or children) who does not live with them.