Covid-19 cuts a path through relationships
There is no doubt that Covid-19 has impacted on most people’s lives over the past two years, whether it has caused a loss of job, decreased finances, restriction of freedoms or loss of loved ones. However, one area has stood out as a major consequence of Covid and that is the demise of many relationships.
Last year, divorce enquiries to lawyers went up by approximately 50 per cent but, with additional lockdowns, loss of holidays and furlough, relationships have gone from bad to chronic. In May this year, enquiries to legal firms about divorce, particularly by women, were reported to have soared by 95 per cent.
So what is driving this surge in couples who previously appeared to be happily co-existing to spiral into total conflict? It seems working from home, being unable to escape from one’s partner, home schooling, additional stress and the fear of Covid have led to this increase.
Reports have also shown a massive increase in aggressive behaviour generally. Translated into the home arena, domestic violence has also commensurately increased.
There has been a huge surge in reports of narcissistic behaviour
There has also been a huge surge in reported cases of narcissistic conduct. This is where one of the parties is insistent that everything within the marriage is done to meet their own needs, to the exclusion of the other. There are many reported cases of coercive and controlling behaviour by one to the other which includes isolating them from friends and family, a persistent denigration of the other, financially controlling them, gaslighting and leaving the vulnerable party completely at the whim and under the control of the other. The definition of domestic abuse has been extended to include this kind of behaviour on a criminal basis but few prosecutions have been launched for such behaviour.
While steps are now being taken by Priti Patel to emphasise training of police officers, welfare officers and professionals on the front line of domestic abuse to recognise such behaviour patterns, there are within those bodies pre-conceived ideas which have continually left victims without redress.
The courts are currently so overloaded with divorce, matrimonial cases, disputes over children, grandparents’ disputes and cohabitation cases etc that lawyers have had to come up with new ways to deal constructively with such cases to move them forward or be trapped in the court system with delays.
Parties rarely now attend court in person — Zoom or Teams hearings are de rigueur with trials by internet. No longer are courts inundated with massive ring binders of papers since bundles are now electronically conveyed to the court and used by the parties.
Mediation is more regularly used and private hearings known as financial dispute resolution hearings, with judges appointed by the parties, are now taking over as the preferred route. Arbitration, previously used in only nine per cent of cases, has risen in popularity with interim issues and final hearings being determined by arbitrators to expedite cases by months. Hybrids of mediation and arbitration are also springing up.
Meetings between parties and their lawyers are very popular, with emphasis on narrowing areas of dispute. This means that if parties cannot agree, they can ask a mediator or arbitrator to deal with those issues only, cutting down the cost of several days of court hearings.
Amid the chaos that this year has brought to the relationship arena is the fact that there is a huge difference between entitlement in law and what has emerged as a displaced sense of moral or financial entitlement. Regrettably, Covid has brought in a by-product of divisive and polarising behaviour which in some cases has led to never-ending litigation, particularly relating to children and issues of ongoing maintenance.
There is no doubt Covid has brought in changes in the way that divorce cases are dealt with. It is unlikely that we will ever return to the days of old and in April 2022 new divorce laws, sweeping away ‘fault based’ divorce petitions, is to be introduced.
It is anticipated that this will lead to even greater numbers of divorce cases. It is important for divorcing parties to find lawyers who are moving towards pragmatic solutions in their cases with the least acrimony.
In April 2022, new laws wil
sweep away ‘fault based’ divorce
Vanessa Lloyd Platt is director and divorce lawyer of Lloyd Platt & Co. Divorce law firm Lloyd Platt & Co is regarded as one of the most niche ground-breaking matrimonial specialists in the UK, with the ability to guide celebrities and clients from all backgrounds through the minefield of matrimonial and divorce law. Established in 1992, the firm offers a wide range of services including advice on divorce, cohabitation, financial settlements in all cases including high net worth cases, advice on resolving children’s disputes and grandparent disputes, pre- and postnuptial agreements and cohabitation agreements.
0208 343 2998 lloydplatt@divorcesolicitors.com divorcesolicitors.com