Divorce In The Digital Age: The Rise Of Technology In Simplifying Divorce

• Published date: 16 September 2021
• Subject Matter: Family and Matrimonial, Family Law, Divorce
• Law Firm: Boyes Turner
• Author: Ms Jessica O'Shea White and Paul Linsell

With COVID-19 shifting most of our lives online, the appetite for legal matters such as divorce to be dealt with in a way that embraces technology has accelerated. A significant step towards this came into force from 13th September 2021 when HMCTS made the final move towards it being compulsory to use the online divorce portal to commence a divorce.

What is changing?

HMCTS have had the divorce portal for some time now, being used by family lawyers and by people wanting to deal with the process directly. The change is that it will now become the only way to start a divorce. A transition period has begun and paper applications will continue to be processed until the 4th October 2021, but no new paper applications will now be accepted. With effect from the 13th September, all new applications for divorce must be made via the online portal, except for cases of nullity, dissolution of civil partnership and judicial separation.

How does the online portal work?

As the petitioner in the divorce, it is as simple as logging onto the portal, opening an account and beginning divorce proceedings by walking through the online forms presented. The portal guides you through each step of your application with easy online options such as uploading and retrieving documents. There are then email prompts when the respondent has completed their documents and options for the next stages.

As the respondent, an email will be sent from HMCTS stating that a petition has been submitted and that you must also create an account. As it stands, the respondent has to complete the online process alone, but this will change in due course to help respondents who may be uncomfortable using the new technology or simply need to relieve pressure of the process.

How will 'no fault divorce' change things?

With the Divorce, Dissolution and Separation Act 2020 coming into force in April 2022, there will be no need for the party seeking a divorce to establish fault by their spouse. This will make the process more amicable. The current portal will be adapted to reflect the changes in the law, with a simplification of the language used also coming through. It is anticipated that this will make the process easier still.

Do you still need a solicitor for the divorce?

The divorce process can still be managed by a solicitor, who completes the forms and generally manages the entire process. However, many people are now choosing to deal with the divorce process themselves. It is a matter for the individual...