The Pros and Cons of Digitising Divorce in 2022

In this article, we’ll take a look at the pros and cons of digitising divorce in 2022.

10:12 25 October 2022

A divorce can be a stressful and long-drawn-out process for many people however, with the advent of new legislation and technology, things are starting to become a bit easier. In recent years, London divorce lawyers have slowly but surely digitised their legal practices. 

 

In this article, we’ll take a look at what the digitalisation of divorce means for the legal sector. To do this we’ll be weighing up the pros and cons in 2022…

 

What is a Digital Divorce?

In recent years, there has been a shift to digitising parts of the legal sector. One of the most noticeable changes was when UK divorce laws were changed by the HM Courts and Tribunals Service (HMCTS) to switch from the traditional D8 hard copy form to digital applications. This means that divorce solicitors now have to submit applications online rather than via a physical paper form. 

 

As more and more parts of our lives become digitised, it should not be surprising that divorce is following suit. while there are undoubtedly benefits to this, some people believe that it may not all be good news. Moreover, in the next section, we’ll be looking at some of the pros and cons of digitising divorce in 2022…

 

The Pros of Digitising Divorce in 2022

 

 

Time

Probably one of the most important benefits of digitising divorce is time. Before the new legislation, a divorce would require both parties and their solicitors to physically fill in and sign documentation. This would then need to be sent via the postal service and so, ultimately, all these processes took a long time. 

 

A digital divorce means that documentation can now be completed and submitted online which cuts the time taken for the process to get underway. Speeding up the process can reduce the amount of anxiety suffered by the separating couple and allow them to get on with their lives much more quickly. 

 

Cost

Divorce can be an expensive business and, one of the major costs of divorce is solicitors’ fees which can run to around £120 an hour. The less time that a divorce takes, the more money the divorcing couple will save on fees. If you decide to conduct your digital divorce yourself without a solicitor, you’ll save a significant amount of money as you’ll only be paying court fees, not solicitor’s fees.

 

Convenience

With increasingly busy lives, many people prefer to conduct as much of their business as possible online, including divorce. Although hashing out the terms of a divorce and completing the paperwork is extremely important, it’s also time-consuming. Moreover, a digital divorce can make all the nitty-gritty bits of the process less hassle by allowing it to be done quickly and easily online.

 

The Cons of Digitising Divorce in 2022

 

While there are some compelling reasons for digitising divorce, there are also a couple of downsides, such as: 

 

Technical errors

Although rare, it is possible for technical errors to occur during the online submission of documents which can lead to some significant problems. On occasion, this can actually add to the time needed for the divorce to be processed. 

 

Human error

When filling out anything online, human error is always a factor. In some cases, this can occur with a divorce submission which could subsequently cause delays and extra costs. 

 

Such errors may be forgetting to check a tick box, an incomplete statement of the case or a missing or incomplete jurisdiction. With the divorce rate in the UK standing at around 42%, there are often processing backlogs and even the tiniest of errors can lead to significant delays. Other common errors include forgetting to include a copy of the marriage certificate and forgetting to include the processing fee. 

 

Timing

Speed has been listed in this article as one of the pros of a digital divorce however, it can also be one of the cons. In some cases, the physical act of receiving and holding divorce documentation can make one or both parties think twice about whether or not they really want to end the marriage. Some people may even potentially consider reconciliation. The speedy and impersonal nature of a digital divorce means that this possibility is often removed.

 

Weighing up the Pros and Cons

There’s no doubt that being able to file for divorce digitally will make life a lot easier for some couples. Not only in terms of speed and convenience but, also in limiting contact therefore reducing the risk of things turning ugly. Although there are certainly benefits to this, it can make the entire application a little too easy - and very much less personal in the process. 

 

If you choose to instruct your divorce solicitor to make a digital application, always ensure that they have all of the correct information and documentation. Where possible, ask to check the application before it is submitted to cut down the risk of time-consuming errors.

 

Please be advised that this article is for general informational purposes only, and should not be used as a substitute for advice from a trained divorce professional. Be sure to consult a divorce lawyer/solicitor if you’re seeking advice on family law. We are not liable for risks or issues associated with using or acting upon the information on this site.