Why Digital Divorce Is On The Rise In England and Wales
January 29th 2024
In recent years, the divorce process in the UK has undergone a significant transformation with the introduction of a digital divorce portal.
The new online divorce platform has revolutionised the way couples end their marriage, offering a more efficient and streamlined approach that keeps up with the modern digital world.
In this article, we will explore the concept of digital divorce portals, their benefits, and the impact they have had on the divorce process in the UK.
What Is The So-Called ‘Digital Divorce Portal’?
The digital divorce portal, also known as an online divorce platform, is a web-based system that enables couples to initiate and manage their divorce proceedings electronically.
Instead of the traditional paper-based process, where divorce applications were submitted using the D8 form, individuals can now apply for divorce online through the online portal.
This shift towards digitalisation aims to simplify and expedite the divorce process, making it more accessible and user-friendly for couples seeking to dissolve their marriage.
Is a Digital Divorce All It’s Cracked Up To Be?
Whilst the digital divorce process has streamlined the way couples can now end their marriage. The introduction of no-fault divorce came with a mandatory reflection period of 20 weeks.
So, whilst the court process is now quicker, the overall time it takes to get divorced has increased to roughly 42 weeks.
When the new divorce law was introduced on 6 April 2022, there was a nearly 20% spike in applications for divorce – likely from couples who had previously had to cite blame against their ex-partner or wait for 5 years before their spouse would consent.
Most people assume that no-fault divorce means quick or instant divorce. In reality, there’s no such thing as a quick divorce anymore. Figures from the Government show that last year, the average time to go from application to final order was 42 weeks.
In contrast, when digital divorce was first launched a few years ago, a divorce could be finalsied in around 24 weeks.
The ability to apply for a divorce online has undoubtedly made it easier for couples to complete a ‘do it yourself divorce‘, but this comes with various problems that couples don’t understand.
Couples seeking a digital divorce should ensure that their finances are sorted before applying for the Final Order. The ending of your marriage can strip you of rights to pensions for example.
So, whilst it might seem great that divorce has been simplified, you must still deal with the financial ties that marriage entails. You start with receiving professional legal advice to ensure you understand your rights, entitlements, and obligations.
You should explore this topic further before making any decision that can affect your financial security and rights post-divorce.
The Benefits of The Digital Divorce Portal
1. Enhanced Efficiency and Speed
One of the key advantages of digital divorce portals is the significant improvement in efficiency and speed.
The traditional divorce process could often be lengthy and cumbersome, with applications taking several weeks or even months to be processed. With the introduction of online platforms, divorces can now be processed much quicker.
Statistics show that the average time from petition to decree absolute has reduced from 43 weeks using the paper-based process to just 34 weeks with digital divorce portals.
2. Simplified Application Process
Digital divorce portals offer a simplified and user-friendly application process.
Couples can easily complete their divorce application online, guided by prompts and instructions provided by the portal.
This eliminates the need for complex paper forms and reduces the likelihood of errors or omissions that could lead to applications being returned or delayed.
The online system ensures that all necessary information is captured accurately, streamlining the entire process for both applicants and court staff.
3. Access to Guidance and Support
Navigating the divorce process can be emotionally challenging, and many individuals require guidance and support along the way. Digital divorce portals offer comprehensive guidance to assist applicants in completing their divorce applications.
From providing information on payment procedures to facilitating the upload of supporting evidence, these platforms ensure that individuals are properly supported throughout the process.
This level of guidance can help alleviate the stress and confusion often associated with divorce proceedings.
4. Alleviating Strain on Family Courts
Family courts in the UK have long been burdened with a backlog of divorce cases, leading to delays and increased workload for court staff.
The introduction of digital divorce portals has helped alleviate this strain by reducing the number of paper-based applications that need to be processed manually.
Court staff, who previously spent significant hours dealing with complex paper forms, can now dedicate more time and resources to other critical aspects of the divorce process.
This shift towards digitalisation has been particularly beneficial in light of the increasing number of divorce applications in recent years.
The Potential Impact of Digital Divorce Portals
The introduction of digital divorce portals in the UK has had a profound impact on the divorce process and the way couples can end their marriage.
While these platforms have undoubtedly brought numerous benefits, there are also challenges and considerations to be aware of:
1. Financial Settlements and Legal Advice
While digital divorce simplifies the divorce application process, they do not address the complex financial settlements that often accompany divorce proceedings.
Negotiating and reaching agreements on matters such as child arrangements, property division, and financial support require careful consideration and legal advice.
Couples need to seek professional guidance to ensure fair and equitable settlements that protect the interests of both parties involved are reached.
2. Potential for Exploitation and Inequality
Without proper legal advice and oversight, there is a risk of exploitation and inequality during the divorce process. Individuals may not fully understand their entitlements or the assets owned by their former spouse.
This lack of knowledge can result in imbalanced financial settlements or one party making claims long after the divorce has been finalised.
Seeking independent advice and obtaining court-approved financial orders can help mitigate these risks and ensure a fair division of assets.
The Future of Digital Divorce Portals
Despite the challenges and considerations, the future of digital divorce portals in the UK appears promising. As the system becomes more integrated and refined, it is expected to further streamline the divorce process, reducing the time and resources required to finalise divorces.
With the implementation of the Divorce, Dissolution and Separation Act 2020, which aims to expedite the divorce timeline to 26 weeks, digital divorce portals will play a crucial role in achieving this goal.
In conclusion, digital divorce portals have revolutionised the divorce process in the UK. They offer enhanced efficiency, simplified application processes, and access to guidance and support. However, it is important to recognise the limitations and potential challenges associated with these platforms.
Seeking professional advice, ensuring proper financial settlements, and exercising caution when choosing online service providers are vital for a successful divorce journey.
As technology continues to advance, digital divorce portals will undoubtedly shape the future of divorce proceedings in the UK.
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This post was written by Mark Keenan. Managing Director of Online Legal Services Ltd. Mark has been writing about divorce and related subjects for over 20+ years and is an expert in legal marketing.