This is according to Sir James Munby, the President of the Family Division of the High Court, who recently announced that probate could be conducted entirely online as early as 2017. Sir Jams Munby mentioned the upcoming change during a speech at the annual dinner of the Family Law Bar Association, where he said:
"In future, proceedings will be issued on-line. The applicant – and remember, the applicant will increasingly be a lay person bereft of professional assistance – will not fill in an on-line application form but an on-line questionnaire capturing all the relevant information while at the same time being much more user-friendly.
"Some processes will be almost entirely digitised: early examples will be digital on-line probate and digital on-line divorce, both planned for at least initial implementation early in 2017. Some proceedings will be conducted almost entirely on-line, even down to and including the final hearing. The judge, who will not need to be in a courtroom, will interact electronically with the parties and, if they have them, their legal representatives."
The aim of the change appears to be to bring UK law proceedings into the modern digital age, to help those without legal training – the people who actually make use of the system – to understand and take ownership of their own legal cases.
However, the announcement also comes at a time when over 85 courts in England and Wales are scheduled to close – which represents almost a fifth of the country’s total facilities – suggesting that cost savings are also a key part of the proposed changes.
Will online divorces work for everyone?
It is important to remember that only a small number of divorce cases are simple, straightforward and non-contentious. Anything more complicated, requiring negotiation, research and complicated financial or legal matters, will almost certainly need the specialist skills of a family law solicitor with experience in similar cases and extensive knowledge of the legal system.
Many people going through divorce find that they really value having a legal professional on their side, and would feel overwhelmed having to go through online proceedings alone. Knowing that your divorce lawyer is actively working for you, protecting your interests and ensuring you receive what you are entitled to, can be hugely reassuring.
The team at Tracey Miller Family Law Solicitors believe in evolving with the digital age rather than fighting against it, which is why they keep abreast of developments such as this and are perfectly placed to guide their clients through every step of the process, whether online or offline. If you need expert advice on any aspect of divorce or family law, get in touch with Tracey Miller today.