The holiday season can create a deceptive facade of happiness, with twinkling lights, festive decorations, and a pervasive sense of joy in the air. Couples may find themselves caught up in the illusion of merriment, masking underlying issues that resurface as the season concludes. Stress, financial strain, and unmet expectations can magnify existing problems, prompting some individuals to reassess the state of their union.

This article considers 12 points that you should be aware of if you are considering or are currently involved in divorce proceedings. 

1. No more blame 

Under the new divorce process, which came into force in April 2022, there is no requirement to prove fault as required under the old process, which only allowed applications for divorce where one party was able to prove adultery, desertion, two years’ separation (with consent), five years’ separation, or that their spouse behaved in such a way that they could not be reasonably expected to live with them. Now, one party only needs to state that the marriage has broken down irretrievably under the new process.

2. Apply together

Spouses are able to make applications jointly under the new process, which means that they can complete the application and make their statement of irretrievable breakdown of marriage together.

3. Can I say no?

It is still possible to make an application for divorce alone. Under the old divorce process, a party served with a petition for divorce that wished to contest the divorce could do so when filing their acknowledgment of service with the court. Generally, the option to contest the divorce has been removed under the new process. 

4. It’s all online

Applications for divorce, and each stage thereafter, can now completed via a government online portal, although postal applications are accepted in some circumstances.  

5. The paperwork

When applying for a divorce, you will need your original marriage certificate or a certified copy. Where the marriage certificate is not written in English, you will also need an official translation. If you have had a name change since you were married, such that your current legal name differs from the name on your marriage certificate, you will need to provide proof of the name change. 

6. Previous applications

If you applied for a divorce previously but then reconciled, you must ensure that any previous applications for divorce, whether they were made under the old law or new law, are formally withdrawn before submitting a new application. This is a relevant consideration where an application for divorce was made, following which the parties reconciled, separated again later and wish to make a new application for divorce. 

7. Conditional Order

Once both parties have accepted that the marriage has broken down irretrievably, the parties can apply to the court for a Conditional Order. The Conditional Order is the penultimate stage to obtaining a divorce. This stage was formerly known as ‘Decree Nisi’ under the old process.

8. Finances

Once the divorce process has started, the parties can make an application to the court to resolve their finances. It is only when a Conditional Order in the divorce has been granted that the court has the power to approve a financial agreement.

9. The Final Order

Once a Final Order has been granted, the marriage has been formally dissolved and the financial order becomes effective and enforceable. Under the old law, this stage was known as ‘Decree Absolute.’

10. Obtaining a Final Order before resolving your finances

There are risks associated with obtaining the Final Order in divorce proceedings before obtaining a final order in the financial proceedings. For example, one spouse can lose out on rights to the other’s death in service benefits if they die unexpectedly, there may be additional tax liabilities when they are no longer legally married, or a spouse can lose their rights to make any financial claims on remarriage. It is therefore best to obtain specialist legal advice regarding your finances before applying for a Final Order.

11. Timescales

After the initial divorce application is made to the court, parties must wait 20 weeks before applying for their Conditional Order. The purpose of this ‘cooling-off’ period is to allow the parties time to consider whether they are certain about formally ending their marriage. After obtaining the Conditional Order, the parties must wait a further 6 weeks and one day before applying for the Final Order. This means that now, the divorce process overall takes a minimum of 26 weeks.

12. Counselling

Making the decision to separate or divorce is a serious one that can have long-lasting affects on a family. Sometimes problems that seem unsurmountable can be overcome with some help and guidance.  There are various well known relationship counselling organisations such as Relate that can provide support and impartial advice for couples who may be experiencing difficulties and approaching them may be a first step toward trying to resolve marital disharmony and avoiding permanent separation.

If the decision to divorce has been made, although the new legislation has attempted to simplify the process, there are still various rules and requirements that must be followed to ensure a smooth outcome. Taking legal advice at the first stage of this process often helps to demystify misconceptions about the law and procedure, thus helping to make the journey less stressful and problematic. 

Contact our Family Team at Vyman

In the intricate landscape of divorce, safeguarding assets is a paramount concern. As trusted legal advisors, we recognise the importance of delivering nuanced guidance to our clients. In this edition, we delve briefly into some strategies to protect assets in divorce proceedings under English law.

1. Pre-Nuptial Agreements

Although not infallible, these agreements carry significant weight in English courts and provide a documented framework for asset division. A thoroughly drafted pre-nuptial agreement that meets the relevant criteria can be instrumental in preserving financial interests during divorce proceedings.

2. Declarations of Trust

A declaration of trust is another possible step toward asset protection. These documents record beneficial ownership interests especially in circumstances where there may otherwise be ambiguity in determining the real ownership of an asset. If prepared in a timely manner declarations of trust can help to eliminate doubt and clearly define each party’s share.

3. Loan Agreements

A well-crafted loan agreement prepared prior to any sums being lent not only outlines repayment terms but also serves as a legal instrument protecting the interests of the lending party.

4. Legal Charge

By securing a debt against an asset, parties can introduce an additional layer of safeguarding. A legal charge allows a lender to secure the money they have lent to an individual or a company. It is a legal document signed by the borrower which should be registered against the property at the Land Registry (and companies house, if relevant). A legal charge can also be described as a secured loan and can serve as clear evidence of intention for the lending party.

5. Post-Nuptial Agreements

Post-nuptial agreements are prepared after marriage, offering an opportunity to redefine asset division terms. While their enforceability may vary, provided they also meet the relevant criteria, they serve as valuable tools in addressing changing circumstances and help to reinforce financial agreements within the marriage.

6. Other Trusts

By transferring ownership to a trust, parties may be able to create a protective buffer. Standalone trusts, when appropriately structured, offer flexibility and privacy while safeguarding assets for future generations.

7. Tailored Protective Measures

This may involve utilizing various types of trusts, establishing family investment companies, or employing strategic tax planning. Tailoring strategies to the specific needs of each client ensures the most effective protection.

Conclusion

Navigating the complexities of family law requires a comprehensive and adaptable approach. Our lawyers are specialists in this field and can advise parties as to some of the options available as well as the pitfalls they may face in their specific circumstances with a view to securing their financial well-being both before marriage and/or throughout the challenging process of a potential divorce. As with all financial dealings, it is important that specialist tax and/or financial advice is taken on the implications of any proposed strategy before any final decisions are made.

Contact our Family Team at Vyman

Over the past 50 years, there has been a significant amount of evidence showcasing societal changes. One notable change is the increase in couples choosing to cohabit rather than getting married, which was once stigmatised in the early 1970s.

Furthermore, the number of marriages ending in divorce has risen considerably over the years. In 1973, one-third of couples who got married had their marriages end in divorce before reaching their silver wedding anniversary. In contrast, data from the Office for National Statistics reveals that one-fifth of couples who married in 2010 were divorced within a decade.

Given the frequency at which marriages end in divorce, one would expect people to approach marriage more practically and consider the possibility of it ending prematurely. However, data from the Ministry of Justice suggests that this is not necessarily the case. Despite a significant number of divorces in 2021, only a fraction of couples sought financial remedy orders to determine the division of their assets.

Financial remedy orders are crucial in legally separating couples and ensuring a fair distribution of finances. Even if couples can agree on the division themselves, the family court must still approve the agreement for it to be binding. However, many couples choose not to pursue these orders, potentially leaving them vulnerable to future financial claims from their ex-spouses.

The process of obtaining a divorce and finalizing financial matters takes time, even with the introduction of ‘no-fault’ divorce. Recent data shows that divorces concluded between January and March of this year took an average of 64 weeks from the initial application to the final order, an increase from the previous year.

It is important to note that divorce and financial remedy orders are governed by different legislation, resulting in a lack of synchronization in the data. Nevertheless, many individuals may be separating without obtaining a financial remedy order, which family lawyers view as concerning. These orders serve as a ‘financial full-stop,’ preventing one party from making future claims on the other for support.

Even if couples believe they do not have sufficient assets to merit a financial remedy order, it is crucial to consider the potential for future changes in circumstances. Whether through a successful business venture, inheritance, or winning the lottery, ex-spouses can still demand a share of these newfound assets.

Real-life cases such as Wyatt v Vince (2015) UKSC 14, in which Kathleen Wyatt successfully claimed against her ex-husband nearly 20 years after their divorce, highlight the importance of financial remedy orders. Wyatt received a substantial settlement after her ex-husband became a multi-millionaire through his business ventures. To read the Supreme Court judgment in this case, click here.

It is unlikely that a change in the law regarding financial settlements on divorce would eliminate the potential for such claims. Therefore, the solution lies in educating couples about the financial implications of marriage and cohabitation. Just as pre-nuptial agreements have become more common across various demographics, financial remedy orders should not be limited to the wealthy.

Family courts have the authority to make substantive orders regarding property, cash, pensions, and maintenance. Undertakings can also cover various agreements, such as life insurance payments or specific expenses related to children. It is advisable to include any important matters in a financial remedy order to ensure a comprehensive settlement.

Even individuals with limited financial resources at the time of separation should consider obtaining a financial remedy order. None of us can predict the future and failing to secure such an order can lead to unexpected and costly shocks when least expected. It is essential to definitively move on with life and avoid potential financial hardships down the line.

Contact our Family Team at Vyman

Misconception 1:

You need to prove fault on behalf of one of the parties in order to divorce.

Contrary to popular belief you no longer need to prove fault in order to divorce. While previously one of the five recognised grounds, including adultery, unreasonable behavior, desertion, separation for two years with consent and separation for five years without consent, we’re needed to be proved before a divorce could be granted, this is no longer the case. The law now does not require a ground to be proven in what is known as “no fault” divorce.

Misconception 2:

The person at fault will be financially penalised.

Another common misconception is that the person at fault for the breakdown of the marriage will be financially penalised during divorce proceedings. In reality, the courts in England and Wales follow a principle of “no-fault” divorce, meaning that the reasons behind the breakdown of the marriage are not considered when determining financial settlements. The focus is on achieving a fair outcome based on the couple’s financial circumstances, needs, and contributions to the marriage based on the couple’s financial circumstances, including needs, and contributions to the marriage.

Misconception 3:

Mothers always get custody of the children.

There is a widespread belief that mothers automatically receive custody of the children in divorce cases. However, this is not the case in England and Wales. The courts prioritise the best interests of the children, taking into account factors such as their welfare, relationship with each parent and their wishes and feelings (depending on their age and maturity). The gender of the parent is not a determining factor in custody decisions, and both parents have equal rights and responsibilities towards their children.

Misconception 4:

Divorce always involves a lengthy court battle.

While divorce cases can sometimes end up in court, it is not always the case. In fact, the majority of divorces in England and Wales are resolved through negotiation, mediation or collaborative law, which aim to reach an agreement outside of court. These alternative dispute resolution methods can save time, money and emotional stress, allowing couples to have more control over the outcome of their divorce.

Misconception 5:

Pre-nuptial agreements are not legally binding.

Many people believe that pre-nuptial agreements hold no legal weight in England and Wales. However, this is not entirely true. Although pre-nuptial agreements are not automatically enforceable, they are increasingly being recognised by the courts as a relevant factor when considering financial settlements. If the agreement is fair and meets certain criteria, such as being entered into freely and with full understanding, it can carry significant weight in divorce proceedings.

Divorce law in England and Wales is often misunderstood, leading to misconceptions that can create unnecessary anxiety and confusion. By debunking these common misconceptions, we hope to provide a clearer understanding of the divorce process, emphasising the importance of seeking professional advice and guidance to navigate this challenging period. Remember, divorce law is designed to ensure fairness and protect the rights of all parties involved, ultimately aiming to facilitate a smooth transition into a new chapter of life.

Contact our Family Team at Vyman

Coming to an agreement on a parenting plan following a separation can be very difficult, especially since it is often a time where emotions are running high. Sometimes this can interfere with parents’ ability to compromise and make decisions on subsequent child arrangements. However, the priority in this situation should always be the welfare of the children involved, and so parents must be able to prioritise this over their own feelings of resentment or anger.

Ideally, it will be possible for parents to agree on arrangements for their children, but if they are not able to, they should seek legal advice to help resolve their disputes. This blog will take you through the various stages involved in creating a shared parenting plan.

Mediation

In many cases, parents will be advised to try to reach an agreement via family mediation. The mediator is an independent third party whose role is to help both parents reach an agreement over child arrangements. They will help you resolve any differences without taking sides.

Importantly, a mediator is not a relationship counsellor; the sessions will not help you directly work through your personal issues with one another. Rather, they will help you agree on the details of how you will look after your children such as where they will live, when they spend time with each parent and for how long as well as child maintenance payments.

If a mediator helps you agree on the terms of a shared parenting plan, you can then ask a solicitor to assist you in making your agreement legally binding.

Court

If you are unable to resolve your differences via mediation, the next stage will be to make an application to the court. It is important to note that, if applying tot eh court,  you must be able to show that you have attempted mediation first. There are few cases when this does not apply, for example, when there has been domestic abuse if social services are involved.

Given that court is viewed as a last resort, co-parents generally have to exhaust all available options before this can be considered. At this stage, you can apply for a Child Arrangements Order, Specific Issue Order, or Prohibited Steps Order. Unless there are exceptional circumstances (e.g., the child has special educational or behavioural needs), the family court will be reluctant to enforce any of these orders beyond the age of 16.

Child arrangements order

This order sets out where the children will live and/or how much time they will spend with the other parent. If both parents want the children to live with them, either can apply to the court and a decision will be made.

Specific issues order

A specific issue order deals with questions surrounding a child’s upbringing, such as which school they should attend. Similarly, it deals with whether a parent can take the child on holiday, relocate to a different part of the country, or move abroad permanently.

Prohibited steps order

A prohibited steps order – as the name suggests – will prohibit the other party from a certain act or action such as relocating abroad with the child, changing their surname, or exercising their parental responsibility in some other way.

Contact our Family Team at Vyman

Our family team are experienced solicitors who have been providing specialist advice in this area to a diverse range of clients for many years. Whatever your circumstances, speak to one of our trusted practitioner’s today to discuss your case.

For a brief informal chat or to arrange an initial appointment, call us today on 0208 427 9080 or complete our online enquiry form and we’ll be in touch.

This document is for informational purposes only and does not constitute legal advice. It is recommended that specific professional advice is sought before acting on any of the information given.

April 2022 will see a significant change to the law on divorce in England and Wales for 50 years. It is an exciting time for family solicitors as the new law will radically change the way we deal with divorces. The reform as outlined in the Divorce, Dissolution and Separation Act 2020 will mean that it will no longer be necessary for one party to lay blame on the other to get a divorce.

Why have these changes been brought in?

Many campaigners have been pushing for a change to the law for many years as it was considered to be out of date particularly following the case of Owens v Owens in 2018 when Mrs Owen was refused a divorce on the fact of her husband’s unreasonable behaviour because the court took the view that the examples of Mr Owens behaviour were not sufficient to satisfy the test for unreasonable behaviour. This meant that despite the fact that Mr and Mrs Owens had not lived together for three years Mrs Owens had to remain married to her husband until the five year separation fact had been satisfied.

The effect of the new legislation will be to remove the conflict and acrimony often experienced by divorcing couples and, instead, enable them to focus on more important issues such as resolving any disputes regarding children, property and finances.

What will the new legislation do?

The new ‘no fault’ legislation will:

– Replace the ‘five facts’ (adultery, unreasonable behaviour, desertion, 2 year separation with consent and 5 year separation) with a new requirement to provide only a statement of irretrievable breakdown.

– Remove the possibility of contesting the divorce.

– Introduce an option for a joint application.

– Make sure language is in plain English, for example, changing the term ‘decree nisi’ to ‘conditional order’ and the term ‘decree absolute’ to ‘final order’.

How long does will a ‘no fault’ divorce take?

The government is introducing a new minimum period of 20-weeks between the start of proceedings and applying for a conditional order of divorce or dissolution. Together with the existing minimum six-week period between conditional order and final order of divorce this will mean that a divorce for most people in the future will take a minimum of 26-weeks or six months, with additional time for the conditional order application to be considered and pronounced. If the couple needs more time to complete their divorce, then the law will allow for this.

What about our finances?

It is important to note that it can take time for divorce proceedings to get started and you will need this to have begun to be able to start the process of obtaining a court order to sort out your finances. The no fault divorce process will not end a couple’s financial commitments to each other and so it is important that financial matters are addressed at the same time as the divorce. If this is left unresolved, one party could make a claim against the other in the future even if they are divorced.

Contact our Family Team at Vyman

Our family team are experienced solicitors who have been providing specialist advice in this area to a diverse range of clients for many years. Whatever your circumstances, speak to one of our trusted practitioner’s today to discuss your case.

For a brief informal chat or to arrange an initial appointment, call us today on 0208 427 9080 or complete our online enquiry form and we’ll be in touch.

One of the most common fears and anxieties when a couple divorce is how the marital assets will be divided and whether they will be able to manage financially after separation, particularly where there is only one main breadwinner. This article deals with some frequently asked questions and provides an insight into how marital finances are dealt with by the Court.

Factors the Court will consider

The objective of the court when making this decision is to achieve a result that is fair and non-discriminatory. The starting point, regardless of the length of the marriage, is always 50:50 and the overriding factor in most cases will be the reasonable needs of the parties.

The court must, however, have regard to all the circumstances of the case, the first consideration being given to the welfare of any minor child of the family. They must also specifically consider the following:

• The income, earning capacity, property, pensions and other financial resources which each party has or is likely to have in the foreseeable future;
• The financial needs, obligations and responsibilities which each party has or is likely to have in the foreseeable future;
• The standard of living enjoyed during the marriage;
• The ages of the parties and the length of the marriage;
• Any physical or mental disability that either party has;
• The financial or other contributions which each party has made or is likely to make in the foreseeable future;
• The conduct of each of the parties if that conduct would, in the opinion of the court, be unfair to disregard; and
• The value to each party of any benefits that they may will lose the chance of acquiring.

When taking these factors into account an equal split of the assets may not be fair or it may cause one party financial hardship. In those circumstances the court can decide to deviate from the equality rule. Examples include where an equal split in capital would result in one party not being able to meet their housing needs or where one party has made such a significant financial contribution to the marriage by their own endeavours that to share all of this would be unfair.

Will I have to pay maintenance? 

There is an expectation that each party will aim to maximise their ability to earn or receive an income on divorce even if that means seeking employment for one party who had never worked during the marriage. If there are young children, or if the parties are much older, then this may not be possible and there may be a need for one party to pay the other maintenance either for a fixed period of time (usually until the youngest child reaches a certain age) or, more rarely, in older couples, for their joint lives.

There is no ‘formula’ that determines how much maintenance will be paid in such cases; the court tends to apply a broad brush approach looking at the reasonable needs or requirements of each party and the income that is available.

What if only one of us has a pension?

Most working people these days are likely to have some form of pension provision whether that is through their employer or paid privately. Despite this fact many divorcing couples remain unaware that, like other assets of the marriage, pensions can also be shared equally. This may be a key asset for older couples approaching retirement, particularly where there was one main breadwinner who earned and saved for the family. The sharing of pensions can be a complex area and seeking the right advice is essential.

But I acquired some of my assets before the marriage…

Generally, assets that one party owned prior to the marriage such as property or investments will fall outside of the marital request. However, the court can include assets that were subsequently used for the family within the pot to share. The court also has a discretion to include such assets where not to do so would mean that there are insufficient financial resources to meet the parties needs.

…and my inheritance?

Inheritance (or gifts) are considered non-matrimonial property and can be ring-fenced or set apart from the assets of the marriage especially if acquired before marriage or after separation. However, there are circumstances where they may not be excluded, for example, if the value of the marital assets are insufficient to meet both parties needs.

Can I protect my assets from my spouse on divorce?

There are a number of ways legitimately to protect various assets from falling into the marital pot for distribution on divorce. These include pre-nuptial and post nuptial agreements and deeds of trust. If properly prepared then these documents fall within the category of ‘factors’ that the court must take into consideration when deciding division and, provided they are fair, they are likely to be upheld by the court.

Need advice?

Understanding how the court might approach your circumstances could alleviate any anxieties and help you to decide your next steps. Taking legal advice may be essential in ensuring that you receive a fair share of the marital assets.

Zharna Sutaria heads the Family Team at Vyman Solicitors. She is a Law Society accredited specialist and a member of Resolution meaning her focus is on achieving an amicable settlement whenever possible. Please contact her on 020 8429 1010 or Zharna.sutaria@vyman.co.uk if you would like to discuss how she may be able to assist you.

While the fear of coronavirus itself was enough for most households across the UK to agree without question to a lockdown, news sites have begun to report serious flouting of lockdown rules over the past weeks.

Some posit that people are suffering from a general lockdown exhaustion. Others believe that it is likely that tensions within households could also be forcing people outside more.

Speaking to the BBC, Professor Jacqui Gibb of the Open University stated that, before coronavirus, couples would spend an average of two and a half hours in each other’s company each day.

During the lockdown, families are spending up to 15 or 16 hours of each day together. Add to that the presence of children who would normally be at school, homes can start to feel crowded.

An analogy might be the festive season. Everyone knows that Christmas and family holidays can be a tense time as families are forced together for hours on end. With the pandemic, there is no end date – no light at the end of the tunnel – this is bound to create additional stress.

Not only this, but coronavirus introduces further pain points in addition to the concerns about one’s own health and the health of loved ones, for example, financial worries due to jobs lost or with an uncertain future, a lack of childcare, and the disappearance from life of normal interactions with friends and far-off family members.

The situation in hundreds of thousands of UK households is likely to be incendiary right now.

In fact, figures recently released by the National Domestic Abuse helpline show a 25% increase in calls for help since the beginning of the lockdown, showing that a worrying trend is developing.

Single Parents

Whilst families with one or more adults struggle with lack of personal space, single parent families are among the hardest hit by the lockdown.

Single parents, of which there are more than two million in the UK, have a number of extra worries during normal times, and all of these issues are magnified during a crisis.

90% of single parents are women and, while the majority are in work, a large number of these are in lower-paid roles or on zero-hour contracts. With the uncertainty of job status for most people in the UK right now, single parents are faced with the possibility that they won’t be able to afford their bills if they lose their jobs.

Single parents are also facing the crisis alone with shelter-in-place rules meaning that they cannot share childcare with others or have face-to-face social contact with other adults.

How Are Child Contact Arrangements Affected?

One of the other things that single parents have to consider is how to work child contact arrangements during this crisis if their ex-partner is still involved with the children.

The government guidance currently states that children are allowed to continue to travel between separated parents. Whether they actually do or not is up to the parents to decide as this does increase the risk for both children and the households that they are moved between. Parents can make the decision between them whether they are going to continue visitations, and how often they want to do so.

Face to face contact must be stopped if someone in one household or the other falls into the extremely vulnerable category or if someone in either household develops symptoms.

Otherwise, changes can be agreed between parents and children unless there is a court order in place. A court order can be varied by agreement, set out in writing, and agreed by both parties.You should set out a date to review the agreement and prepare yourself to set new dates going forward up until the lockdown ends.

Some of the changes parents can put into place to protect their children and respective households during the coronavirus crisis include:

• Switching from public transport to driving if one parent is able to
• Making visitations longer and less frequent so that there is as little time spent out of the house as possible
• Mixing face to face contact with online contact so that it is just as frequent but with less moving between households

Approaches For Families In Lockdown

If you are locking down as a family, either as a single parent or with two or more adults in the home, it is key that you get the whole household on board to protect your environment and keep everyone happy.

Create A ‘Family Contract’

Sit down with the entire family and work together on a family contract that gives everyone a role during quarantine, helps to set out expectations and concerns, and discusses what you can all do to maintain a happy home.

Having the whole family work on this makes everyone feel involved and it helps to ensure that a lockdown arrangement is arrived at which everyone is happy with.

Set Up A Daily Structure

Routine is an important part of day to day life outside of quarantine, and so it should also be part of life inside it. Make sure that there are set getting up and going to bedtimes and that everyone has activities to do each day.

Stay Active

Keeping fit and healthy is not only good for your physical health but it promotes much better mental health as well. Try online exercise classes, playing sports and games in the garden or even fun activities like a little obstacle course you can all compete in.

Give Each Other Space

Being in the same house all day every day can lead you to feel irritated by the people that you live with. This is why it is so important to get some alone time each throughout the day. Make sure that everyone respects each other’s alone time, and has activities that they can do independently of each other.

Vyman helps clients with various aspects of family law including assistance on arranging new visitation rules throughout quarantine and beyond.

Call 0208 427 9080 or email zharna.sutaria@vyman.co.uk to find out more about our family law services.

As the Covid-19 pandemic rages outside, the Government have issued a strong warning to everyone that your home is the safest place to be. But for some, home is not a haven from violence and abuse.  Self-isolation and stay at home restrictions will force many victims of abuse and their children to effectively be shut in with their abusers.

Domestic abuse is not just about physical violence, controlling or coercive behaviour. Many victims of  domestic violence can be subjected to mental, emotional and financial abuse by their partners that can have devastating and often long term affects upon them and their children. No one should experience or witness violence, abuse or harassment in their own homes.

What help is available?

If you are in imminent danger you should call 999 immediately. As domestic violence has been criminalised the police will be able to take the appropriate measures to protect your safety and may prosecute the abuser(s).

If the police are unable to assist, there are some civil remedies by way of injunctive orders that may provide you with the protection you need.

1. Non-Molestation Order

A non-molestation order provides temporary protection from violence, threats of violence, abusive behaviour, intimidation and harassment including in the form of text messages, emails and telephone calls. It can also be extended to include refraining from damage to property, protecting children and can restrict a person from coming within certain proximity of the family home. You can apply for such an order if the abuser is someone you are in a relationship with or living with or a family member.

If you and your partner live within the same house, the Court also has the power to prevent the abusive party from entering certain rooms or areas of the house. This can be used as an alternative to an occupation order and may be an option when self-isolation is necessary.

A non-molestation order carries an automatic power of arrest meaning that if the abuser continues the behaviour they will be immediately arrested by the police and brought before the civil court to face sanctions including possible imprisonment or fine for being in contempt of court. It is also a criminal offence and could lead to up to five years in prison.

2. Occupation Order

An occupation order can be obtained alongside a non-molestation order or as a stand-alone order. If granted, it can force the abusive party to leave the family home temporarily, even if they own the property, until the safety of the victim is secured, whilst continuing to make payments towards bills. It too can restrict that party from coming within a fixed perimeter of the property or other address.

Occupation orders where one party is ousted from their property are considered to be draconian and so the Court will look very closely at whether such stringent measures are necessary. When considering whether to grant an occupation order, the factors the Court will take into account include whether you and any children are at risk of suffering significant harm from the other party if an order is not made as well as the housing needs and financial resources of the parties.

Occupation orders can also carry an automatic power of arrest.

Get in touch

If you are self-isolating or staying at home, in an abusive relationship and are worried about your own and/or your children’s safety please contact us at Vyman Solicitors. We have a specialist family team who have extensive experience in dealing with domestic violence matters and are available to give advice and assistance in strict confidence on any issues or concerns that you may have. We have facilities in place to communicate with you remotely during the pandemic. In very serious cases it is possible to obtain emergency orders from the Court within 24 hours despite the current social distancing restrictions being in place.

Do not suffer in silence. If you need help or advice or wish to arrange a remote meeting with a member of the family team, please contact us on 020 8429 1010 or email us at familyenquiries@vyman.co.uk.

A child’s health and wellbeing is undoubtedly the paramount concern for any parent during these unprecedented times. One key dilemma faced by many parents with a Child Arrangements Order (CAO) in place is how to comply with the provisions without risking their child’s or their own safety and what happens if the terms of the Order are not being followed.

Please see our Q&As below

Can my child visit me even though there is a lockdown?

In their guidance released on 23 March 2020 the Government confirmed that the current lockdown does not necessarily prevent moving a child from one parent’s household to the other. Therefore, direct contact can and should continue in accordance with any CAO provided, of course, that neither parent, the children or anyone living in the household have symptoms or are self-isolating.

What should I do if I agree that the CAO should be changed temporarily?

If both parents agree that complying with the CAO is currently not safe, they should discuss and agree alternative arrangements to enable contact to temporarily take place indirectly via facilities such as video calling, Skype, Whats App, Face Time or Zoom. It is advisable to ensure that any such agreement is recorded in writing for clarity and to avoid any later dispute.

What if one parent will not agree to comply with the terms of the order?

One parent may believe that it is safe for contact to continue but the other may not. Here, there should be a sensible assessment of the circumstances including the child’s present health, the risk of infection and the presence of any recognised vulnerable individuals in one household or the other. Ultimately, it will be a decision for the parents to make but they should communicate with each other about their concerns and what they think might be a good practical solution.

If the parents cannot jointly agree to temporarily change the terms of the existing order, for example, if one parent feels that contact continuing will be against the current Public Health England guidelines, then that parent may exercise their parental responsibility to change the terms of the order but the Court will, once the current restrictions have been lifted, assess whether that parent acted reasonably if the other believes that they did not.

If I cannot see my children what are my alternatives?

The Family Court has emphasised that where direct contact cannot continue they will expect alternative arrangements to be made to establish and maintain regular contact between the child and the other parent within the Stay at Home Rules such as via remote facilities as described above and, if that is not possible, then by telephone. The fundamental objective of any CAO should not be affected in such circumstances, only its implementation.

The guidance reminds parents that they have responsibility for their children and not the Court.

What can you do if the other parent is using Covid 19 as an excuse to prevent or hinder contact?

One parent may feel that the other is using the current pandemic as an excuse to hinder contact. The Courts recognise these concerns as genuine and if you believe that this is happening, you have the option of raising this at your next hearing or immediately applying to enforce the order. The Court will consider whether the other parent acted sensibly and reasonably in light of the Government guidance and the evidence specific to your family.

Lockdown does not mean Lockout

Our specialist Family Team at Vyman Solicitors understand that it is very important for parents to maintain and build their relationships with their children particularly in these stressful times. Understandably, parents will wish to avoid alienation due to the current pandemic.

We are happy to discuss any concerns that you may have about existing contact arrangements and provide guidance on what steps you should take to ensure that this continues without interruption.

We can also assist in organising alternative contact arrangements or with drafting agreements temporarily varying the terms of an order.

We are here to guide you so you can try to ensure that even in these exceptional circumstances your relationship with your children is not compromised.

A lockdown does not have to mean being locked out of your children’s lives.