The pros and cons of the online divorce

No-fault divorce was introduced in England and Wales on the 6th of April 2022 which removes the need to choose one of the five facts to support the 'irretrievable' breakdown of a marriage. All the information below is applicable to the previous system, and divorces that were issued before the 6th of April 2022.

This week the government launched a nationwide way for couples to apply for a divorce online. The catalyst for this change? 40% of divorce applications are rejected due to errors. If you’re considering an online divorce, here are the pros and cons of this new way to divorce online so that you can decide if this way of divorce is the right one for you and your family.

amicable offer the ability to submit for your divorce or dissolution either online or via post as we understand divorcing online isn't for everyone.

Pros

• It’s relatively easy to do online, you’ll need a ground for divorce, the address of the person you are divorcing, the £593 court fees (if you’re not exempt) and an understanding of the legal documents, which is easily googled if you know what you’re looking for.
• You don’t need to be a legal expert. The online system is a lot easier for people to navigate, reducing the need for lawyers and solicitors. This ultimately reduces the cost which can spiral quickly when you’re using a lawyer who charges an hourly rate. However, if you feel you need help with this amicable can assist you with your online divorce.
• You don’t have to worry about things getting lost in the post, everything is tracked online.

Cons

• You need to have access to the internet, in order to navigate the online divorce portal. If you do not have access to the internet or struggle using technology, this might not be the best option for you.
• Court stats show that four out of ten people have their divorce application rejected because there is an error on the form. This prolongs the process and adds stress. The most frequent question we get asked is ‘How do I draft the unreasonable behaviour examples’. If you’re not sure about the legal jargon, I recommend you seek advice before submitting the form. Alternatively, minimise the risks of this by choosing amicable to assist you with one of our divorce divorce-diagnostic.
• It doesn’t help with the important bits i.e. childcare arrangements and the emotional journey. Although the divorce bit has been made simpler with the online system, it still doesn’t help families come to arrangements about their futures. This is why amicable exists, to support transitioning from one to two homes and from parents to co-parents.
• It doesn’t help with the financial separation. Most couples don’t realise that you and your ex can still make a claim against each other, even if you’re divorced. A Separation Agreement is not legally binding, and a divorce doesn’t cut all your financial ties. You’ll still need to sort a consent order as this will make your financial split, legal.

Do amicable offer both paper and online divorce?

Yes, here at amicable we understand that online divorce or dissolution might not be the best option for everyone, so we also offer the paper alternative to file your divorce/dissolution with the court.

If you choose amicable, your personal Divorce Specialist will discuss both options with you and help you decide which would be the best fit.

If you’d like a 15-minute free advice call, with a divorce expert, please get in touch.