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
Conduct risk assessments! Your RA must cover every foreseeable risk arising from a return to the workplace, including the impact of reduced staff levels and any operational/administrative changes necessary to ensure social distancing.
Appropriate steps should be taken to manage and mitigate identified risks. Where this is not possible, businesses need to decide whether certain activities are necessary for the business to operate or if they can be temporarily put on hold.
Keep a close eye on the comprehensive Government guidance: https://www.gov.uk/guidance/working-safely-during-coronavirus-covid-19
In particular focus on social distancing and workplace health measures. This guidance will evolve over time and you will need to be sure that your organisation is sticking to it AND reviewing and updating its risk assessment.
Contractors working for public sector organisations who are deemed employees for IR35 purposes may be eligible to be furloughed provided they are paid via PAYE. In this scenario the agreement to furlough would be made between the contractor’s personal service company (PSC) and the fee payer (usually the agency). The parties would agree that the contractor will carry out no work for the public sector organisation while furloughed and the fee payer would apply for the grant.
At the moment the guidance states that in order to be eligible a claim for furlough must have to have been submitted by 31 July 2020 for a period of 3 weeks between 1 March and 30 June 2020.
The Chancellor announced:
- A new “job retention bonus” for employers to access for furloughed employees subject to certain conditions being met – see below for more information.
- A “Kickstart scheme” which will directly pay employers to create jobs for any 16-24 year old at risk of long-term unemployment.
- Incentives for employers to take on apprentices.
As a result of the CJRS being extended, the Job Retention Bonus will no longer be paid in February 2021.
Yes. The Health and Safety Executive has stated (as quoted from the Gas safe register site):
“Landlords have a legal duty to repair and maintain gas pipework, flues and appliances in a safe condition, to ensure an annual gas safety check on each appliance and flue, and to keep a record of each safety check.
“If you anticipate difficulties in gaining access as the Covid-19 situation progresses, you have the flexibility to carry out annual gas safety checks two months before the deadline date. Landlords can have the annual gas safety checks at their properties carried out any time from 10 to 12 calendar months after the previous check and still retain the original deadline date as if the check had been carried out exactly 12 months after the previous check.
“You are encouraged to arrange your annual gas safety checks as early as possible, as a contingency against tenants being in self-isolation for 14 days (in line with current guidelines), or gas engineers being unavailable due to illness. The two-month period to carry out annual gas safety checks should provide adequate resilience in most situations.
“In the event you are unable to gain access to the property, e.g. persistent refusal of access due to vulnerable tenants self-isolating, you will be expected to be able to demonstrate that you took reasonable steps to comply with the law, and that you are seeking to arrange the safety check as soon as all parties are able. This will need to include records of communication with the tenant, and details of your engineers attempts to gain access.”
Many Registered Providers have been suspending all gas and electrical testing where internal access is required, continuing checks in communal areas and are carrying out emergency repairs only, whilst void works are suspended and staff are working from home. This does not comply with the legislation, or the guidance.
The Act should make it easier for residents to obtain relevant information. It includes an obligation for the Principal Accountable Person to prepare a strategy for promoting the participation of residents, including the information to be provided to them and consultations about relevant decisions. The strategy must be provided to residents, and there will be provision for residents to be able to request information and copies of documents from the Principal Accountable Person. The type of information and the form in which it is to be provided will be set out in secondary legislation in due course, but the explanatory notes anticipate that it will include:
- Full current and historical fire risk assessments•Planned maintenance and repair schedules
- The outcome of building safety inspection checks
- Information on how assets in the building are managed
- Details of preventative measures
- Details of fire protection measures and the fire strategy for the building
- Information on the maintenance of fire safety systems
- Structural assessments
- Planned and historical changes to the building