If you’re on the cusp of applying for divorce online, there are some important things you need to know. It might seem like you can apply in just a few clicks, but there are some potential pitfalls to avoid.
Here’s some essential advice from Liverpool divorce solicitor Tracey Miller and her team:
1. It’s still crucial to get good legal advice
While it’s great news that the UK Government is taking steps to make divorce less stressful, it can still be a complicated process. It’s important to get all of the paperwork right, otherwise you could face delays. This is why it’s helpful to have a legal expert on hand to guide you through the process.
But there’s another more important reason you should still seek advice from a trained divorce solicitor. Separating from a spouse involves making a number of life-changing arrangements, relating to money, the division of assets and children’s matters (such as who a child will live with). You need to make sure you understand your rights and are able to make informed decisions about your future. An experienced family lawyer can help you do this.
2. You can only apply online if you’ve been married for at least a year
Under the new divorce laws, you can only apply for divorce or dissolution if you’ve been married or in a civil partnership for at least a year. If it’s been less than this minimum period, you won’t be able to use the online platform to apply for divorce.
3. Help is available for paying the application fee – but only under certain conditions
The fee to apply for divorce online is £593. However, there is some help available if you’ll struggle to afford this fee. If you are on benefits or a low income, you may be able to apply for support to cover fee.
If you’re applying for divorce jointly (more on that next), you’ll both need to apply for help to pay this fee.
4. You can apply separately or together
Another major change to divorce laws permits separating couples to make a joint application. The former rules required one person to petition the other, which critics claimed prompted the assigning of ‘blame’ for the breakdown of the relationship.
Under the new rules, you can apply together if you wish. This could be helpful for amicable breakups, where you’re on good terms and want to make decisions about your finances and other arrangements together.
5. It still takes at least 7 months for your divorce to be finalised
There’s a common misconception that online divorce is quicker than applying through traditional routes. Unfortunately, it isn’t. You might find it quicker to fill out the initial forms, but it can still take at least 7 months for your divorce to be finalised.
It is important to note that once a person or a couple decide to make the application themselves, they will be using the public portal, which means that solicitors cannot assist if they make errors, and it is rejected or disappears. The solicitors have to use their own portal. Tracey Miller Family Law have a fixed fee to do the application for divorce and of course whatever people decide to do, Tracey Miller Family Law will be able to deal with the finances of the case.
Need help applying for divorce online? Get in touch with expert Liverpool divorce solicitor Tracey Miller Family Law on 0151 515 3036 or 07795 060 211.