People have said to us is that making that decision to end a marriage is the hardest decision they have ever made in their life. When people do make that difficult decision, they wonder how has the Process changed because of the Pandemic? Is the present process different?
Yes it is. For one thing, we cannot meet clients face to face. This has meant that it is harder to create that all important key ingredient that makes a good solicitor/client relationship: trust. When you meet face to face, one can observe body language, see how they interact with other people. Even something as simple as seeing how tall the person is now not clear. The video consultation means that we simply have to work harder to develop that trust relationship. As solicitors we understand that it is not easy to divulge your private business with a complete stranger. It is understandably difficult after a video consultation for a client to decide that this is the person they wish to work with for the next 2 years of their life.
Will it be longer than two years now with the backlog of cases? Potentially yes but on average 2/3 of cases settle or reach an agreement rather than the judge deciding on a case. It should always be emphasised than an agreement made by you under your control is better than a situation being forced or imposed upon you by a judge. Going forward for both parties to agree and have a resolution that both parties can live with is overall better financially for both parties and leads to more harmony between the spouses. Strangely the prospect of a long delay in waiting for a hearing can create the impetus for one of the parties to start the settlement process by “making an offer”. So yes there will be delays but in cases where settlement is possible, cases will still be finalised.
As to the court system and process, it is arguable whether the courts were equipped for fraught family law cases before Covid 19 so I am not sure how well equipped they are going forward. In the Dublin Circuit family court, there would on average be 8 consultation rooms for 3 courtrooms so there was already the unfortunate position of estranged spouses having to sit across the foyer from each other as there is not enough private consultation rooms. I can only imagine that this will be exacerbated by the requirements of social distancing. We have also had the advent of remote hearings by video. This can be challenging for solicitors and barristers as the technology in the courts is not as effective as the likes of zoom and teams. As well as this there is the added difficulty of the need for family law cases to be heard “in camera” ie in private. In normal times this is quite simple to police as anyone in the room who should not be there sticks out like a sore thumb. Where a code for a video Call is provided, it becomes more difficult as potentially it can be viewed by larger groups if litigants choose to provide the code.
However like everything with Covid 19, there will be challenges but where there is a strong will to keep providing the essential court services, it can with hard work be achieved .
