Digital Divorce and Financial Proceedings

Leeds Day

The Age of the Digital Divorce & Financial Proceedings

The Covid pandemic has seen huge changes in the administration of justice. This includes family law cases. The time it takes for a divorce to proceed through the court has without doubt taken much longer than previously because of the pandemic. It is not unusual to wait for more than three months for a reply to routine correspondence. These delays pervade the entire court system, not just the processing of a divorce and have had a severe impact on when court hearings take place and indeed how they will proceed, as most court appointments now have to take place remotely by telephone or via video conferencing facilities. In terms of the divorce process itself however, there is more positive news. There is now an online divorce portal. The use of this digital facility heralds a revolution that is potentially a “gamechanger”. Overall, a divorce can now between 12 and 16 weeks on average, whereas previously this could take as long as 18 months. With the ability to do everything digitally, some may feel less inclined to consult a Solicitor but instead to act for themselves taking no professional legal advice. The availability of digital divorces can also tempt people into a knee jerk reaction by issuing a divorce too quickly, for example, following a heated argument with their spouse. The best approach however is to always take legal advice before starting divorce proceedings. Online divorces, whilst swift and economical, do not take into account financial matters between spouses. For example, those using the online divorce portal may well need an additional financial order to formalise their financial settlement. They should also be aware that ending the marriage itself can seriously affect their financial rights as between themselves and their spouse. As stated earlier, the lockdown restrictions have resulted in family court hearings being conducted remotely through video and telephone. Virtual hearings mean couples do not have to be in the same room; this can be of particular advantage to couples who do not want to sit together and affords them opportunity to have some space or where one party may feel uncomfortable being in the same room as the other. Remote hearings may not be suitable for all cases which may be better dealt with in person. For example, if all the parties are gathered in the precincts of the Court building for a hearing and discussions are underway often a resolution is achieved that way the same day. If the hearing takes place remotely and people do not like what the Judge says they have more opportunity to withdraw and the conflict may continue.

What can Leeds Day offer?

We at Leeds Day offer a comprehensive family law service embracing divorce, financial and children cases. If we are engaged to act for you our costs can be paid over the period of the case and you will always be aware of both what legal costs have been expended and what the likely future costs will be.

To find out more or to book an appointment, contact Leeds Day on 0844 5672222, email family@leedsday.co.uk or visit our website: www.leedsday.co.uk/family.

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