Zoe Porter, Partner and Head of Family at Ashfords, believes the move to online applications will trigger more fraud in divorce. She says:
“I think there will be a surge in applications. Many new clients that I have spoken to have opted to wait until the ‘no fault’ divorce is available, rather than rush to issue a petition on one of the (current) old grounds and risk acrimony – particularly where unreasonable behaviour or adultery is used. The online process has been running for a while now, and hopefully the major wrinkles that many of us experienced when the portal was first introduced are a thing of the dim and distant past. Regrettably though, with so much of the country suffering the effects of COVID, most sectors are experiencing staff shortages and the court system is no different. We are already experiencing long delays in the process of applications (and the listing of hearings depending on where in the country you are based) and I can see this continuing for the foreseeable future.”
Fiona Turner, Partner at Weightmans, comments: “Ultimately, while the relative ease offered by no-fault is a plus point, the ongoing development of the online application process remains potentially problematic. Petitioners can apply for a divorce at any time of day or night, and can even do so via the gov.uk website, which can tempt couples to move through the process too quickly.
“This is compounded by the fact that some individuals choose not to use legal representation to make their initial application. While this does save money, it does mean that couples risk initiating, and concluding, their divorce proceedings without properly considering the ramifications if proper legal advice hasn’t been taken in advance.
“Serious financial implications could inadvertently arise if a divorce is initiated without consideration of possible competing legal jurisdictions, which would have a knock-on effect on the scope of a financial settlement. Similarly, if a divorce is concluded by a Final Order, previously known as a Decree Absolute, before a financial order is put in place, this can cause challenges linked to occupation of the family home, pensions and insurance matters.
“Bringing in legal representation from the earliest stages means couples can secure a strategy that will help them to avoid any unintended consequences.”
Marilyn Bell, Partner and Head of the Family Law team at SA Law, says: “The advent of No-Fault Divorce will be particularly welcome to spouses who are also business partners and will be running their business together at least in the short term, and possibly the longer term. Getting divorced does not mean necessarily one or other having to leave the business.”
Jonathan Madge, Director and Solicitor with The Family Law Company, adds: “If we truly want to take an inclusive and collaborative approach, no-fault divorce could go even further and consider reinstating Legal Aid for those struggling to pay for legal advice, particularly with the cost of living increases and the impact of the pandemic across our communities. Since the Legal Aid cuts in 2013 there has been an increase in people representing themselves. These litigants-in-person have to navigate negotiations or the legal system alone and are often frustrated with the Court system, having usually started the process with (up until now) a contentious divorce. If funded legal advice is coupled with no-fault divorce, we hope that more cases could resolve amicably with less expense and conflict.”
