The devastating impact of coronavirus and its many threats to our health and economy are already bringing sweeping change to governments, industries, and ordinary family life. A curtailment of daily freedoms and the uncertainties we all share around work, business and associated income streams, have become part of the new ‘norm’ as we struggle to establish new routines for daily living in these most difficult of circumstances. For separated families this is especially challenging and many will be wondering to what extent coronavirus will impact existing arrangements for children, maintenance and more, both immediately and in the longer term.

We will no doubt revisit this topic on this blog in the coming weeks and months and will share important developments as they arise. In this first blog, we’ll look at a few key areas where we may be able to offer advice and assistance to those families who have concerns about their current or future position.

Children

Currently, the government guidance is, “Where parents do not live in the same household, children under 18 can be moved between their parents homes”. Therefore it is important for parents to work together to agree the arrangements. Whilst the children are not at school, it is important that structures are in place and that the children can move safely between homes, and that parents work together to achieve this.

Should you encounter any difficulties regarding the communications and the arrangements for your children, then please contact our team of experts to advise and support you through these difficult times.

It is highly likely that existing arrangements even supported by Child Arrangement Orders will simply prove impossible to follow at the moment. Though any Court expects its orders to be strictly followed, it is inconceivable that an unsympathetic approach will be adopted if the circumstances of the virus render them impossible. It is best to vary those terms hopefully with a consent order to keep everything in order and we can of course help with that process.

Financial Matters - Capital and Pension Orders

Generally these orders are not variable. However if there is a fundamental unforeseen event that undermines the basis of an order that has been made very recently, then the Court has the power to reopen an arrangement. In these instances, the applicant must act promptly and seek urgent legal advice. If you have recently been ordered to make a capital payment or indeed anything else that coronavirus has made difficult or impossible, and you are concerned about fulfilling your obligation, please contact our team for specific advice to discuss certain options including variation or setting aside. We emphasise that you must act swiftly.

Maintenance Orders

These may be spousal periodical payments or child periodical payments orders (sometimes these are paid together known as a global order), or payment of school fees, etc. Spousal maintenance and global orders can be varied, by increasing or decreasing them, or these can be terminated. Schools in the private sector seem to be hoping to charge most of the fees despite being forced to close – this is something we would be happy to discuss with you. There will be an assessment of the financial circumstances and needs at the time for both parties.

At this time of global economic uncertainty which may impact on yours or your ex spouse’s income, maintenance obligations may be difficult or impossible to satisfy, or your needs may increase due to the reduction of your income, you may need additional maintenance. These are all issues that we can potentially provide invaluable guidance upon.

Arrears will continue to accrue from the existing order and can be later chased. Any increased provision whether agreed or not, will not be binding without an order, if circumstances are adjusted by agreement it is important to incorporate this into a consent order, to prevent any litigation now or in the future.

If you are either making or receiving maintenance payments and have concerns due to the impact of coronavirus on your particular circumstances, please contact our team who will be able to offer specific advice.

How to Get Help

We offer fixed-fee video consultations that you can access via your mobile phone, PC or laptop. To arrange a video consultation with one of our lawyers, please complete the web form at the bottom of this page and we will contact you to arrange a suitable time. For more information on how we’re communicating with clients on a remote basis at this time, please see our earlier blog post.