Online Divorce UK

Online divorce UK

Online divorce UK: Online divorce has existed since April 2018, but lockdown saw a dramatic increase in online applications.

Apply for divorce online

Having the ability to apply for a divorce online means avoiding paper forms. Instead, a straightforward online application takes you through the required questions. Whether you apply online or use paper-based forms, the court fee is the same – £593.00.

Divorce application online

You can apply for a divorce online via the government website. On receiving the application, the court sends a copy to your spouse (the Respondent) with an acknowledgement form. They must complete the form stating whether or not they intend to dispute the divorce. The acknowledgement form is either completed online or a paper version sent to the court.

The court then sends the applicant a copy of the respondent’s answers. After 20 weeks from the date of the original divorce application, the applicant can apply for a conditional divorce order.

Once the court makes a conditional divorce order, the applicant can apply for a final divorce order after 6 weeks and a day have elapsed from the date of the conditional divorce order. However, do not apply for a final divorce order until an order has been made in relation to your finances without first obtaining legal advice. Doing so can seriously prejudice your position.

If the applicant does not apply for the final divorce order, the respondent may apply after a further three months.

Online divorce UK: Divorce Financial Order Online

This is a process that was formerly known as ancillary relief. If divorce finances are straightforward, applying for a Divorce Financial Order online is now possible. More complex applications still need to be in writing. You can make an application for a Divorce Financial Order online if the application does not:

• include a request for a freezing order/injunction or an element of maintenance pending suit;
• require personal service on the Respondent;
• require translation into the Welsh language.

Before applying to the court for a Divorce Financial Order online or on paper, you must attend mediation unless you fall into an exempt category. This is because when applying to the court for a Divorce Financial Order, the court requires:

• evidence of your attendance at mediation, or
• evidence that you fall into an exempt category.

Divorce with children

Also, divorce does not resolve any disputes concerning where children should live or with whom they have contact. If children’s arrangements are not agreed, a court application is required. The court then decides those arrangements by way of a Child Arrangements Order.

Do I need a solicitor?

Whether or not you are pursuing an online divorce or divorce by the more traditional route, there is no requirement for legal representation. However, while an online divorce application makes the application easier, we still strongly recommend that you first take specialist legal advice. This is because you should fully understand your legal position before discussing arrangements with your spouse for your home, finances and children.

That’s even the case if things are reasonably amicable between you and you wish to negotiate between yourselves.  Talking initially to a solicitor helps clarify what you need to think about and what you can expect to receive in your divorce financial settlement.

Regarding children, if emotions are running high – or are likely to – a solicitor will recommend family mediation. That is a process which helps facilitate agreement between you. In any event, before applying for a Child Arrangements Order, the court expects both parties to attend mediation unless they fall into one of the exempt categories.