A new online system for lawyers could potentially shorten the divorce process. With effect from 13 September 2021, lawyers can file petitions using the online system rather than submitting paperwork by post.
The move is welcomed by Jonathan Miller, a Family Law Specialist at Alsters Kelley, who says the online process has many advantages over the paper-based one, “Now, there is no danger of paperwork getting lost in the post, in offices or at the court and the divorce is processed more quickly. We hope this takes some of the stress out of the divorce process which would be a real benefit to those seeking to end their marriage.“
Members of the public seeking a divorce without instructing lawyers have been able to do so using an online process for some time and now for the first time lawyers acting on their behalf can do the same.
Proof of marriage breakdown still needed
The much-anticipated change in the law to allow ‘no fault’ divorce in England and Wales is due to come into force in April 2022. Despite the introduction of the new online process for lawyers the legal basis on which a marriage can be ended remains the same.
The irretrievable breakdown of the marriage must be proved by establishing one of the following FIVE reasons:
- adultery
- unreasonable behaviour
- two years desertion
- two years separation (with the consent of the other party)
- five years separation (which does not require the other party to consent)
That is not to say that the human element has been completely removed from the divorce process; the information to obtain a divorce must be provided and properly reflected in the online petition, the other party to the marriage must be notified and must reply (again online) to confirm receipt of the petition and to confirm whether he or she intends to defend or accept that the divorce should proceed.
The question of how the costs of the divorce are to be shared between the parties has also to be determined. A judge must review the information and be satisfied the basis for the divorce has been proven. Failure to meet those requirements will result in a delay in the divorce.
For those in a civil partnership, seeking a judicial separation, or seeking to end their marriage by way of nullity, must still file their petitions in paper copy with the Court. Judicial separation and nullity petitions are rare and specialist advice should be sought by anyone considering those.
No fault divorce
The divorce process is due to change in April 2022, and it will no longer be necessary to establish one the five reasons set out above. Details of the exact procedure to be followed are yet to be made known, though it’s expected the online route would be available for this.
Alsters Kelley welcomes the increasing use of technology to determine legal matters in a more efficient and cost-effective way. This is bringing real benefits to clients who often find their already stressful situation exacerbated by the legal process.
Free initial meeting for support and advice
We offer a free 30-minute appointment during which we will help and support you as you embark on seeking a divorce. Thanks to our network of offices covering Coventry, Leamington, Nuneaton, Stratford-upon-Avon and Southam we are very accessible too. For excellent, friendly advice please contact Jonathan Miller, Solicitor, Family Private Department at Alsters Kelley on 01926 356000 or email jonathan.miller@alsterskelley.com
Call now on 01926 356 053 to book an initial consultation for £300 plus VAT to speak to one of our Family Law specialists.
Jonathan Miller
Jonathan is a family law specialist and a trained collaborative lawyer. He is based in our Leamington and Stratford upon Avon offices.
01926 356057
jonathan.miller@alsterskelley.com