Family Law experts Sinclair Law based in Wilmslow are warning against the potential pitfalls of digital divorce. Last year the Ministry of Justice launched its online divorce service nationwide as a part of £1bn plan to reform the justice system. The scheme allows people to apply for an uncontested divorce digitally by uploading and submitting a divorce petition and supporting documents and making an online payment.
During the period between Christmas Eve and New Year’s Day, 455 applications were lodged in England and Wales, with 13 people applying to divorce their partners on Christmas Day.
The main reason behind creating the digital system was to cut down on the overwhelming number of rejected applications. It was reported that 40% of divorce applications were being rejected at the first stage of the process due to the forms not being complete or missing documents.
Whilst the online divorce system represents a massive step forward, there is a high chance that without expert advice a lot of people will be getting it wrong. The law on divorce is complex and the online system does not prompt users for action that needs to be taken next.
Furthermore, without legal advice many people may not appreciate that the online divorce does not deal with the financial settlement and will not provide a financial clean break. Ending the marriage has serious implications on the parties’ assets, income and pensions. It is therefore of essential that expert legal advice is sought as opposed to relying solely on the digital system.