Divorce In The Digital Age: The Rise Of Technology In Simplifying Divorce – Family and Matrimonial – UK – Mondaq News Alerts

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With Covid-19 shifting most of our lives online, the appetitefor legal matters such as divorce to be dealt with in a way thatembraces technology has accelerated. A significant step towardsthis came into force from 13th September 2021 when HMCTS made thefinal move towards it being compulsory to use the online divorceportal to commence a divorce.

HMCTS have had the divorce portal for some time now, being usedby family lawyers and by people wanting to deal with the processdirectly. The change is that it will now become the only way tostart a divorce. A transition period has begun and paperapplications will continue to be processed until the 4th October2021, but no new paper applications will now be accepted. Witheffect from the 13th September, all new applications for divorcemust be made via the online portal, except for cases of nullity,dissolution of civil partnership and judicial separation.

As the petitioner in the divorce, it is as simple as loggingonto the portal, opening an account and beginning divorceproceedings by walking through the online forms presented. Theportal guides you through each step of your application with easyonline options such as uploading and retrieving documents. Thereare then email prompts when the respondent has completed theirdocuments and options for the next stages.

As the respondent, an email will be sent from HMCTS stating thata petition has been submitted and that you must also create anaccount. As it stands, the respondent has to complete the onlineprocess alone, but this will change in due course to helprespondents who may be uncomfortable using the new technology orsimply need to relieve pressure of the process.

With the Divorce, Dissolution and Separation Act 2020 cominginto force in April 2022, there will be no need for the partyseeking a divorce to establish fault by their spouse. This willmake the process more amicable. The current portal will be adaptedto reflect the changes in the law, with a simplification of thelanguage used also coming through. It is anticipated that this willmake the process easier still.

The divorce process can still be managed by a solicitor, whocompletes the forms and generally manages the entire process.However, many people are now choosing to deal with the divorceprocess themselves. It is a matter for the individual to decide,balancing the cost of using a solicitor against the added ease andpeace of mind the solicitor can bring. At present, there are stillsome of the stages of the process or legal terminology that may notbe so straightforward. Whilst errors in applications have reduceddrastically (less than 1% compared to 40% with the old system),incomplete or incorrect answers will not allow the application tobe processed and that can cause significant delay. It is hopedthose issues will reduce further when the changes in law come intoeffect next year.

It is also important that the timing of forms being submitted inthe divorce process is considered carefully. The impact ofconcluding a divorce (by obtaining what is currently called theDecree Absolute and what will become the Final Order when theterminology is updated) can be significant. It is often vitallyimportant to ensure that all financial matters have been concluded,with a separate standalone order in respect of the finances made,before proceeding with that final step.

It must also be remembered that the digital divorce process onlyends the marriage itself and does not address the more complexmatters such as child arrangements and financialarrangements.

At Boyes Turner, we are already familiar with the online divorceportal, having used it for some considerable time now. However, weunderstand that the process can still be daunting for many people,regardless of whether it is online or not. We therefore offer allclients a variety of options in relation to how the divorce itselfis managed, encouraging everyone to save legal fees wherepossible.

The benefits of a technology based approach are clear: reducingcost, reducing delay and also reducing paper consumptiondrastically, having a positive impact on the environment.

We at Boyes Turner are therefore fully embracing the digitalshift and are committed to using technology where possible to helpour clients. We are ready to deal with all online divorceprocedures and help you with any family issue faced. If you arecontemplating filing a divorce petition, would like some adviceabout the process or want to know more about the other technologiesavailable to make the process easier then please contact a memberof our specialist family law team.

The content of this article is intended to provide a generalguide to the subject matter. Specialist advice should be soughtabout your specific circumstances.

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Divorce In The Digital Age: The Rise Of Technology In Simplifying Divorce - Family and Matrimonial - UK - Mondaq News Alerts