The Coronavirus is on all our minds. We are implementing social distancing restrictions and adapting to a new way of life for the foreseeable future.
What you might not be thinking about is how the Coronavirus might impact your property settlement and parenting arrangements.
Should I delay my property settlement due to the Coronavirus (COVID-19)?
We are in uncharted territory, but contrary to what you might think - this is not the time to delay your property settlement. If you and your former spouse have separated and have not finalised your property settlement by way of Consent Orders or a Binding Financial Agreement, there are real implications to consider.
Until a property settlement has been finalised by way of a Binding Financial Agreement or an Order by the Court, any debt that either party accumulates may still form part of the property pool. This means that there is a likelihood that you may be liable for any debt accrued by your former spouse post-separation.
If you have any joint property in your former spouse’s possession, you could be held liable, or your credit rating could be impacted if there are any defaults on payments on assets that you are still jointly responsible for.
If you are concerned about the property market, you may wish to consider a transfer of property to your former spouse in exchange for a cash settlement. Now is the time to be flexible and communicate with your former spouse.
How do we negotiate a property settlement or children’s matters if we are quarantined or self-isolating?
The good news is that most law firms have quickly adapted to the new social distancing restrictions and are offering meetings via Skype, Zoom and telephone.
Most communication with your lawyer will be done by email correspondence. However, a Zoom meeting can easily be arranged for mediations or collaborative conferences.
Grace Family + Collaborative Law have systems in place where clients can sign documents and return them to our office without having to leave the house.
You can finalise a property settlement and children’s matters all from the comfort of your home.
What will happen if my former spouse or I get sick before our Court appearance?
If you have (or think you have) COVID-19, you should not appear in Court. As of today, the Brisbane courts remain open – but that could change.
If you get sick several days in advance of your Court date, you should contact your former spouse to find out if s/he will agree to adjourn the matter to a later date. You can then jointly contact the Court and request an adjournment. If your former spouse does not agree to an adjournment, you must contact the Court and inform them of your situation.
You may be able to appear in Court by telephone. You usually need to obtain permission to appear by telephone, but that requirement may be suspended in light of Coronavirus in some Courts.
If you’re working with Grace Family + Collaborative Law, we aim to settle your matter without the need for costly and timely litigation. We have very effective alternatives to resolve matters outside of Court. We will do everything in our power to work with you and your former spouse to keep your case out of the Court system.
What will happen to the parenting arrangements if one of our children contract Coronavirus/COVID-19?
This depends on the provisions stipulated in your Parenting Order.
In theory, when you agreed on your Parenting Orders or Parenting Plan, you discussed procedures to follow if your child needs medical treatment. Those Orders will apply if one of your children contracts Coronavirus.
What you probably would not have discussed is where that child should reside should they be quarantined. It is a good idea to start discussions with your former spouse now concerning the living arrangements of the children if one of them were to fall unwell.
A few things to think about: If you have more than one child, you may agree that one parent will care for the unwell child while the other parent cares for the children who are well. Or, if one of you lives with a vulnerable person, you may decide that the children (if they are more prone to contracting the virus due to interaction with many people) should reside with the other parent, to prevent even the possibility of bringing home and spreading the virus.
How do we handle the terms of our Parenting Orders with school closures due to Coronavirus/COVID-19?
Again, this will depend on the stipulated provisions in your Parenting Orders.
The Court is aware that due to the Coronavirus, there may be an impact on the terms of Parenting Orders. The Family Court of Australia has released a statement which can be found by clicking the linkhttp://www.familycourt.gov.au/wps/wcm/connect/fcoaweb/about/news/mr260320?fbclid=IwAR3bv1rxQjDo4vSM-ToC3eZ_6fPXqdl3GthaSyERUQ1F4-Gk2BNm1ybvLzI
It is recommended by the Family Court of Australia, “that a first step, and only if it is safe to do so, parties should communicate with each other about their ability to comply with current orders and they should attempt to find a practical solution to these difficulties. These should be considered sensibly and reasonably. Each parent should always consider the safety and best interests of the child, but also appreciate the concerns of the other parent when attempting to reach new or revised arrangements. This includes understanding that family members are important to children and the risk of infection to vulnerable members of the child’s family and household should also be considered”.
Ultimately, you and your former spouse will always have a commitment to raising your children. Open and honest communication with your former spouse is essential in these uncertain times. It is best to communicate with your former spouse with each issue to be considered sensibly and reasonably.
What if my former spouse is taking health risks, or not taking Coronavirus/COVID-19 seriously enough in a way that could impact the health of our children?
If you have genuine fears for the safety of your children while they are in the other parent’s care, you must seek urgent legal advice. A lawyer can advise you on how to handle the situation and keep your children safe.
If you find yourself in isolation, but still in good health, maybe this is an excellent opportunity to start focusing on your separation.
Now is the time to get clarity and agreement on how to progress your separation or divorce; how to make modifications if one or both of you are impacted financially, and how your parenting arrangements might need to change due to the virus and new social distancing restrictions.
Do you have additional questions about how the Coronavirus might impact your separation or divorce?
Even in these uncertain times, our doors are always open. Grace Family + Collaborative Law can help you move through the separation and divorce process affordably and efficiently.
Call us today 1300 414 855