Filing online – Divorce, the easy way?

Posted on January 10, 2019

FILING PAPERS ONLINE - DIVORCE, THE EASY WAY?

Whilst the rest of us were tucking into Christmas Dinner 13 people were filing for a divorce to online service of HM Courts and Tribunals. The official figures show that this rose to 77 people completing a divorce application on New Year’s Day.

This service was introduced in April of last year whereby spouses can complete a divorce application via the internet – so instead of sending in paperwork, documents can be uploaded and fees paid online.

Whilst in theory this seems much easier and the Ministry of Justice figures show that over than 23 000 online divorce applications have been made since then, our family solicitor Lucinda McWatt offers some words of warning for those wanting to end their marriage this way.

Those wanting to end their marriage in this way without the benefit of legal advice should consider these points first:-

Issuing legal proceedings online in the absence of legal advice can be a risky business. The Court has the power to make a costs order against a party to divorce. If your spouse defends the proceedings and succeeds in doing so you could be left with a hefty bill to pay!
Your spouse needs to respond to the petition to enable the divorce to proceed. It is common for a spouse to ignore the petition altogether, would you know what to do?
Are you aware that even when your divorce is concluded the right to make a claim in respect of the finances has not? Would you know how to resolve the financial matters and have these approved by a Court?

Lucinda adds, “Anyone seeking a divorce should also ask the Court to approve any agreement reached by lodging an agreed Consent Order. Such an Order can deal with any income, capital and pension to be distributed. The Order should provide for a clean break so that no claim can be brought by either party to the marriage in the future”.

If you would like further advice please contact our Family Team on 0161 785 3500

Please note that the information and opinions contained in this article are not intended to be comprehensive, nor to provide legal advice. No responsibility for its accuracy or correctness is assumed by Pearson Solicitors and Financial Advisers Ltd or any of its members or employees. Professional legal advice should be obtained before taking, or refraining from taking, any action as a result of this article.

This blog was posted some time ago and its contents may now be out of date. For the latest legal position relating to these issues, get in touch with the author - or make an enquiry now.