Since 2021 there have been major changes to the way that divorce can be petitioned and applied for in the UK. The ‘no-fault’ clause introduced in April 2022 was the result of intense campaigning and much sought after by couples and many family law professionals. “The Divorce Dissolution Act has made divorce less complex in many ways” says Shah Ali, a founding partner of Waterstone Legal. The impact has been phenomenal, increasing the divorce rate “by 20% in the first year of legislation” Another major change has been the introduction of the ‘digital divorce’ where divorce can be applied for and granted almost entirely online. So what does this mean for couples and the legal industry? Here we take a dive into the rise and risks of digital divorces and whether they really are a practical, sensible way to end a marriage.
What is a digital divorce?
A digital divorce, sometimes referred to as a ‘paperless divorce’ is a divorce that takes place almost entirely online. By the time it takes you to polish off a glass of wine your application can be sent off with the required fees and documents and within 22 weeks the divorce can be finalised, tempted? Wait. Before using the simple, swift way of divorcing there are important matters to consider.
What do you need to consider before applying for a divorce online?
Applying for a divorce online without receiving any legal advice can be the right decision for some couples, however it is vital to understand that the system is not without its flaws. As with many situations when an experienced professional is taken out of the equation, mistakes can occur. Due to one fault in the online system, 79 applications for divorce have been wrongly approved. On a more personal level, where children are involved and financial matters need to be resolved – relying on private negotiations without a financial order does not protect your future. This is where speaking to a lawyer who can support you to get a financial order and formally confirm access arrangements with children via a residence order if necessary is priceless. This gives you peace of mind and confidence to move forward.
What are the benefits of a digital divorce?
Simple, quick process
Clearly, the number one benefit of applying for a digital divorce is the speed and simplicity of the process. However, if a mistake is made this can cause further complications down the line. What is it they say about a stitch in time?
Cost
The cost of a digital divorce involves a fee of £595 to send off the application. If financial settlements need to be resolved it is important to understand that any private agreements may not protect you in the future.
What are the risks involved in a digital divorce?
Money talks
While a digital divorce saves you money in terms of the application fee v speaking to a lawyer, an order of divorce does not distinguish financial claims. In order for a financial settlement to become legally binding a financial order is required. A lawyer can give you proper, personal advice on how to best acquire this and achieve the best solution for your circumstances.
Custodial arrangements with children
If you have children, it is always best to speak to a lawyer to ensure the correct arrangements are in place and legally binding to secure access arrangements and the stability of their future. A residence order may be required to determine where they live and confirm how the custody will be shared between the parents. While it may not always be necessary to go to court, a lawyer can put your mind at rest and help you achieve the best solution for child care arrangements.
Jurisdiction
With so many families today being globe-trotters and living around the world, it is important to understand where is the best country to apply for a divorce. With financial assets and properties being spread around different countries when it comes to acquiring a financial order, getting expert legal advice can help best protect your interests.
Confused.com?
While on the face of it a digital divorce seems a simple process there are many questions you may have to properly understand the consequences of divorce and if you are being properly protected. While wanting to separate with minimum stress and costs may drive you down this route, having an experienced qualified divorce lawyer by your side can prove to be invaluable.
What is best for you?
Approaching the end of a marriage can be an emotional time and the idea of divorce can be incredibly overwhelming. Speaking to one of our sensitive and supportive legal experts can help you put your mind at rest and make the right decision about how to move on.
