Can I apply for divorce whilst we are in lockdown?

Q. Can I apply for divorce whilst we are in lock down?

A. We are receiving several enquiries from clients who have made the recent decision to divorce their spouse, either because they now have the time to do so or because being in the same house for lockdown has made them realise that the marriage has irretrievably broken down. 

Whatever the reason, the answer is ‘yes’. In fact, if you have made up your mind, it is advisable in most cases to lodge the application sooner, rather than later. This is due to court backlog and the timescales are only likely to increase due to consolidated divorce centres and reduced court staff. It is also expected that the courts will see a rise in divorce applications once the current lock down restrictions are lifted.

As the courts are still open, it is possible for your divorce application to be drafted and lodged at court, without having to leave your home, other than to send in your original or a certified copy.  

There are, however, some considerations to think about beforehand:

• Is there any risk of harm / likely adverse reaction from your spouse when they find out? If so, you need to seek advice about leaving the house beforehand and putting in place protective mechanisms. Victims of domestic abuse are permitted to leave the house under the current guidance and where required. Our family law solicitors can speak to you about this and can also advise about alternative temporary accommodation during the lockdown and signpost to other agencies who can help further.
• Are any other orders going to be required as a consequence of the separation, for example, any protective orders in relation to children of the marriage?
• What are the practical arrangements going to be in the house, including the sleeping arrangements?
• Ensure that any confidential correspondence is sent via email and not to the house.
• Change all email, cloud and other passwords.

If you are considering a divorce or dissolution, please contact our Family Law team, who will be able to advise on your individual circumstances. Before calling, consider your environment. For example, do you need to call whilst on a walk alone, so your spouse can not overhear your conversation?