Whilst the long-awaited changes bringing in no-fault divorce from 6 April 2022 are very welcome, a not so welcome and unexpected change is also looming which could cause significant delay and frustration for clients.
Closure of mandatory online system
The unexpected change in question relates to the imminent closure of the mandatory online system for solicitors filing divorce proceedings on behalf of clients.
Divorce lawyers may have noticed that the following warning notice has recently been added to the online system*:
* Contains public sector information licensed under the Open Government Licence v3.0, see: https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/.
Lack of clarity and poor communication
The notice has prompted criticism among divorce lawyers with one professional quoted in the Law Society Gazette describing the situation as ‘shambolic’.
In addition to the notice’s lack of clarity and the Government’s lack of effective prior communication with the profession, the notice also raises serious questions about what options clients will have where ‘waiting until the replacement service has launched’. These situations can include urgent jurisdictional races (where one party seeks to ensure the divorce proceedings take place in England rather than in a foreign jurisdiction), and urgent applications regarding financial issues.
A further issue would also appear to be why no mention is made of the arguably vital need for divorce lawyers to be able to file divorce proceedings using the paper process in the intervening period between the closure of the current online system and the launch of the ‘replacement service’.
Sadly, these issues are likely to have a very real impact on clients who have recently filed for divorce, or those whose solicitors are due to file proceedings imminently.
It is not clear whether the similar system for individuals managing their divorces without legal representatives will also be affected.
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