The name Sir James Munby, President of the Family Division is not likely to be familiar unless you are in the legal profession, however the debate he chaired in February 2017 about ‘digital divorce’ most likely will be in the future. The progressive role he has played in overseeing debate as to the ‘pros and cons’ of digital divorce will reach those of you who divorce over the years to come.
Digital divorce is unlikely to turn the process of divorce on its head but it would create a procedure that if implemented would be expected to simplify a paper based system in a society that largely operates online. For the technology savvy client this is an excellent way to reduce unnecessary legal costs which I fully support.
The average divorce, particularly those relying on the fact of no fault should not encounter difficulty under this system but I suspect there is still a large margin for error where there are more complex issues that need to be addressed in a bespoke way.
In January 2018 an announcement was made that a fully digital divorce system will proceed so I think it should be, and from what I have heard it is, being embraced by the legal profession. Nigel Shepherd of Resolution, an organisation that voice family lawyers views, has said:
“Resolution welcomes the move to a fully digital system, bringing divorce in line with many other government services which have been digitilised for some time now.”
Although the consequences of divorce, such as making arrangements for how parents will care for their children and sorting out the finances, can be complicated, the divorce itself is usually a relatively simple administrative process. Moving is online is a step in the right direction, provided it functions well for the couples, their legal representatives where they have them and anyone else involved. We hope to see positive results from this pilot.
My personal opinion as an experienced solicitor is that in advance of the results from the pilot I remain undecided as to whether this will work . Over the years when dealing with divorce one of the key skills I have developed is the balancing act of supporting my client emotionally whilst advising procedurally. The human part of a solicitor’s role is crucial when clients are experiencing difficult time of their lives without advice they may not make the most sound decisions. I question at this time whether a digital system is for everyone.
Article written by Louisa Bestford, Solicitor and head of Jacksons Family Law Department. For issues relating to divorce or any other family law matters please contact a member of our Family Law department.
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