21st May 2018

How online divorce is changing the divorce process

Mother and young daughter are sitting on the sofa at home in the evening, playing on a tablet computer.

The long-awaited online divorce procedure is here. Introduced by the Ministry of Justice and trialled in selected areas, the option to file your divorce application, pay the fee, and submit supporting documentation online is now available to everyone in England and Wales.

How does online divorce work?

The new online divorce service does not provide an end-to-end divorce solution. What it offers is an online portal where individuals can submit their divorce application, pay the £550 fee, and upload the necessary documents.

The system is designed for individuals acting as litigants in person, reducing errors and simplifying the initial stages of filing for divorce.

Although the online system covers the divorce petition stage, other steps remain unchanged for now. According to Sir James Munby, President of the Family Division, and Susan Acland-Hood, Chief Executive of HM Courts & Tribunals Service, the intention is to develop other parts of the divorce process in phases.

This includes Acknowledgement of Service, Decree Nisi, and Decree Absolute, which will be tested before being made fully available. Currently, the system is not available for solicitors to use.

Successful trial results

Online divorce was trialled in several areas across England in 2017, with more than 1,000 petitions submitted. Nine out of ten users reported satisfaction with the online system.

A major benefit of this system has been the reduction in errors during the application process, particularly for those filing on their own. The online service checks dates and other important information, preventing many mistakes that previously led to invalid divorces.

The trial results showed a 95% reduction in the number of returned petitions due to errors. Given that court staff spend thousands of hours checking divorce petitions each year, the online system is expected to save time and improve efficiency.

Legal advice will still be needed

While the online service simplifies filing for divorce, it does not address the complexities surrounding financial arrangements or child custody agreements. Divorce involves more than just the legal dissolution of a marriage.

Issues such as property division, spousal maintenance, and arrangements for children require careful consideration. Legal advice will still be necessary to ensure that any divorce settlement is fair and practical for both parties.

Will online divorce pave the way for ‘no-fault’ divorce?

Despite the introduction of online divorce, there is still a pressing need for further legal reform, particularly the introduction of no-fault divorce.

The Supreme Court case of Tini Owens, where a woman was denied a divorce due to her husband’s refusal to consent, has highlighted the inadequacies of the current system. Mrs Owens must now wait until 2020 to divorce her husband after five years of separation.

Campaigners such as Resolution have been pushing for the introduction of no-fault divorce to prevent couples from having to assign blame in order to dissolve a marriage.

Removing the need to establish fault would allow couples to part amicably, potentially making the process smoother and less adversarial.