Press release
October 29, 2015
Pitfalls of arranging divorce online
Online divorce services aren't new but the high-profile announcement of the Separate.us service being developed for the US market has prompted solicitors to remind people about the pitfalls of online divorce.
Separate.us is being established in the USA, with the aim of simplifying divorce. Many similar services exist in the UK but now solicitors are warning there is no substitute in speaking to a real person to finalise your divorce.
Jonathan da Costa, a solicitor and partner at Boys & Maughan, based in Margate, said completing divorce proceedings needed careful consideration, and needed to be handled sensitively.
"I've helped clients in the past that have used these types of services and found that it hasn't worked," he said.
"To the untrained eye online divorce may seem an attractive option, but divorce needs to be carefully considered especially when finances and children are involved.
"If forms are not professionally prepared you risk a district judge refusing to grant the divorce. You can't do better than sitting down and talking to a solicitor. I know we all interact online, but there's no substitute for speaking to a professional face-to-face."
The Law Society said even the most straightforward divorce case can develop into complicated and stressful legal actions.
"An online divorce is certainly not suitable in cases where there is an imbalance of power in the relationship, or if one side is being obstructive or withholding information. The cheapest option is not always the best option: seeing a solicitor may even save you time and money in the long run," a spokesperson said.
"Sorting out the practical issues such as where each person will live, who gets what and arrangements for any children can get very complicated and stressful.
"So before agreeing anything with your former partner, consult a family solicitor who will advise you about your rights and all the options. Your solicitor is on your side. If you do need to go to court, they will help you identify the issues the court will consider."
When Sandra Hawkins of Broadstairs, Kent, and her husband decided to separate they wanted it finalised as quickly as possible. After speaking to her husband they decided speaking to a solicitor was the best option.
Just days after an initial four-way meeting with Mrda Costa and another local solicitor the couple's divorce application was before the court.
Two months later they received theirdecree nisifrom the court formally separating them.
Sandra said the whole process was handled smoothly and professionally and meant she and her former husband were able to part on amicable terms.
"We wanted a clean break. We had both been married and divorced before and we didn't want a long drawn out divorce process," said Sandra.
"We wanted reassurance things would be done properly, and from someone who knew what they were doing, so the divorce would go through quickly and efficiently.
"Jonathan was extremely knowledgeable and offered exactly what we were looking for.
"He gave us peace of mind, and the speed of the process was a big incentive. Solicitors have the professional knowledge, so people should go and use it. Using a solicitor helped us achieve a clean break."
The Find a Solicitor website allows people to search a database of nearly 150,000 legal professionals across England and Wales. The service is available here:www.lawsociety.org.uk/findasolicitor
Notes to editors:
About the Law Society of England and Wales
The Law Society is the independent professional body, established for solicitors in 1825, that works globally to support and represent its members, promoting the highest professional standards and the rule of law.
About the consumer campaign
Public relations agency DTW is managing the Law Society's consumer campaign.
For more information on this media release and the campaign please contact Chris Sealey on 07786 512833 or 01287 610404.