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Online Divorce, A Step Too Far?

Divorce | Private Client 

Earlier in April 2018, Baroness Hale attended a UK family law specialist’s conference in Bristol, to discuss the issues surrounding the divorce law reform [1] including online divorce. Baroness Hale is a well-known judicial figure, who has been a supporter of divorce law reform including  the concept of ‘no-blame’ divorces since the 1990’s.

Whilst Baroness Hale has many judicial peers advocating for the same reform, the question calls as to whether her approach to ‘no-blame’ divorces, including online divorce, is a step too far, which may only serve to dampen the sanctity of marriage.

The one stop shop – online divorce

Baroness Hale states that there should be a ‘one stop shop’ for family matters, where instead of filing under one of the five reasons as to why the marriage has irrevocably broken down, the petitioning party provides their position as to why they want to divorce and the relief they intend to seek. Baroness Hale further comments that the process of obtaining this ‘one-stop shop’ would preferably be available to the public online via an online form.

Given the society we currently live in, ‘no-blame’ divorces are attractive as it prevents the need for the petitioning party to opt for a ‘quickie’ divorce under one of the grounds for blame, as the separation grounds are often unattractive. However, by making applications easily accessible online, it is envisaged that critics of the ‘no-blame’ divorce will argue that it won’t even make couples blink twice if divorce becomes too commercialised and readily available.

As marriage is meant to be an important relationship which couples enter into, with the hope behind it being for eternity, is the concept of having a divorce ‘one-stop shop’ available online going too far?

Online divorce for Jersey?

In Jersey, the discussion for  Jersey divorce reform [2] has been commented on by many, with a report being produced by the Law Commission in 2015 advocating the need for the overhaul of the archaic law.  Should England & Wales proceed with Baroness Hale’s approach for ‘no-blame’, it will be interesting to see whether the States of Jersey members see any merit in the online divorce method, when considering the need and implementation of the divorce law reform.

Author:  Stephanie Devine

Parslows Jersey can help

The breakdown of human relationships can cause great stress, anxiety and problems. The process of separation and divorce is rarely easy.

Our aim is always to attempt to deal with divorce as painlessly as we can. While this cannot always be achieved – much depends on an individual client’s own requirements and the way in which the other party to the case proceeds – we will always attempt to seek such a course for you.  We will look to solutions to solve any problems between the parties and not to add to the antagonism.

Our divorce lawyers are focused on providing you with expert advice with a truly personal service.

We advise on all aspects of family law: whether it be advice on divorce, dissolution of a partnership or financial settlements we can assist.

Our clients are pleased with our service and fees; we are confident you will be too.

For further information please do not hesitate to call 630530 or email us on  familylaw@parslowsjersey.com [3]

We offer fixed fee divorce petitioner [4] and fixed fee divorce respondent [5] packages together with a regular Jersey Free Divorce Clinic [6] – Peace of mind right from the start.

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