Can I amend my divorce settlement due to Covid?
Maintenance Orders are capable of variation so if your income has reduced as a result of the pandemic, you may be entitled to reduce your payments. You should ensure that any reduction is reflected in a Court Order to ensure your ex-spouse cannot claim arrears from you.
It is not generally possible to vary capital and pension settlements included in Court Orders unless there has been a significant event, sometimes known as a “barder event”. The following four conditions must be satisfied:
- New events have occurred since the Order which invalidate the basis or fundamental assumption on which the Court Order was made and which were unforeseen and unforeseeable. This can include a change in the value of assets, employment status, inheritance and death.
- The new events occurred within a relatively short time of the Order being made.
- The Application to change the Order is made reasonably promptly.
- If the Application succeeded, this would not prejudice any third parties who have acquired assets in good faith e.g. if the family home has already been sold to a third party.
The applications relying on Covid as a significant event have had limited success. The circumstances in which the Barder principle may apply are few and far between. It is of note that the global financial crisis of 2007/2008 was not considered to be a Barder event.
Care should, therefore, be taken when deciding whether to pursue a change to the Divorce settlement and it is recommended that you speak to a specialist Family Law team like ours.
Related FAQs
Employees who are unable to work because they have caring responsibilities resulting from the coronavirus can continue to be furloughed. For example, employees that need to look after children can be furloughed, as you have previously submitted a claim for them in relation to a furlough period of at least 3 consecutive weeks taking place any time between 1 March 2020 and 30 June.
As more people return to work, there is an increased chance of more parents having childcare issues until Schools are fully open. However, they can’t be placed on furlough unless they had been on it before. So it would likely be unpaid leave, unless the government amends the scheme to grant an exemption.
If you do not have a justifiable reason for insisting that your employees have the vaccine (see FAQ above) your employee could resign and bring a claim of constructive unfair dismissal if they have more than 2 years’ continuous employment. This would be on the basis that you have breached trust and confidence.
If the vaccine includes pig gelatine (as many do), and the employee refuses on religious or because they are vegan, you may face a claim for discrimination under the Equality Act 2010.
How much a divorce costs very much depends on how your spouse responds to the divorce proceedings. There is a set Court fee of £593 which you will have to pay if you issue the Application and any Solicitor fees will be in addition to that. Some people may be eligible for a fee exemption. Solicitor fees are usually between £500 to £1,000 if matters are straightforward, however, if your spouse decides not to respond to the divorce or there is an issue regarding jurisdiction (i.e. whether you should be divorced in England or Wales) the costs can significantly increase. Your costs are also typically higher if you are the Applicant rather than the Respondent.
You can contact one of our experienced divorce lawyers to discuss the fixed fee further and to find out what is and is not included within the overall cost by emailing familylawenquiries@wardhadaway.com or utilising any of the contact details listed below.
In some cases, it is a good idea to approach your spouse before issuing a divorce application so that you can agree on the best way to proceed and you could even try and reach an agreement as to how the costs of the divorce could be shared. These negotiations can take place through a Solicitor.
Please also be aware that these costs are in relation to the divorce process only. If you also need advice on your finances or any child care arrangements, there will potentially be additional Court, expert and Solicitor fees for this. We ensure all clients are provided with an estimate of all costs at the outset.
There is not a magic number. It depends on the nature of the organisation, the work carried out, the organisational structure, the geographical spread, working patterns and conditions. We would give specific advice personalised to the organisation and taking all these and other factors in to consideration. There is no such things as too many MHFAs!
You can rotate staff on furlough or flexible furlough.
One option is to make it clear in the letter agreeing to being furloughed that there is an open ended right to rotate and to be able to take them off furlough and bring them back and put them back on.
So the employer reserves the ability to rotate by building into the agreement, but only exercises it if it is permissible.
Rotation is quite key for employers who need to make a temporary reduction to their overheads but want to retain the skills base to call back when work picks up. Having furloughed staff return on a part-time basis may reduce the need to rotate.
It also helps in the employer being able to show that they are treating the workforce as fairly as possible and everyone is taking a reduction. Get in touch if you need help preparing the documentation for furlough that will permit rotation or flexible furlough.
Read more about flexible furlough and how this can be used as part of the CJRS.