The festive period provides a great break from reality, with time off work and plenty of celebrations distracting us from everyday life. However, there are still people out there that haven’t let this time distract them from making the huge decision of leaving behind married life and filing for divorce… with the BBC reporting that in 2018, 13 people filed on Christmas Day itself!
Christmas Applications
On the one day of the year where most businesses are closed, access to the divorce application process is provided by the internet. In 2018, the BBC reported that 455 online applications for divorce were submitted to HM Courts and Tribunals Services between Christmas Eve and New Year’s Day. The platform was firstly made available in April 2018 and saw more than 23,000 applications for divorce by the start of 2019.
Justice System Modernisation
The BBC reported that this service is a part of a £1 billion plan to modernise the justice system with other services including low level motoring offences, probate applications and civil money claims. With over 150,000 people using these online services in 2018, Justice Minister Lucy Frazer claims that “people are reporting that these services work well for them and are a better fit around their busy lives.”
The DIY Divorce
This DIY approach to divorce may be seen as quicker and therefore easier, but is it the best route to take? In making this decision it is always helpful to hear from a legal perspective.
Jessica Bullock, a Legal Assistant in our Family Department, had this advice on the matter: “In relation to online divorce applications, people are not receiving sound legal advice. People may not be fully clued in on the divorce process, and therefore we would always advise that it is better to seek legal advice before issuing divorce proceedings and to have access to advice throughout the procedure.
“If people are applying online without this advice, they may not be fully aware of the financial consequences of divorce. An example of this might be if the divorce process reaches the application of the Decree Absolute before financial matters have been settled, and this could mean that a spouse wouldn’t be entitle to pension benefits etc., in the death of their spouse.
“Our Family Department is able to fully advise on divorce proceedings and the financial consequences following marriage breakdown at a free initial consultation.”
Access to Legal Advice
Access to legal advice can also assist in completing an application for the different stages and processes within a divorce.
Jessica Bullock says: “When filling out a divorce petition, incorrectly ticked boxes could bar a party from being able to make claims on their former spouse, or can cause the application to be sent back and further delay proceedings. Therefore, it is better to have a legal advisor to look over them, as even a slight mistake, such as an incorrectly written name, can result in the application being sent back.”
Our family team are here to help. Please give us a call, we’d be happy to have a chat.