Divorce online – the Digital Age of Divorce

How has technology affected divorce?

In 2018, the government launched a process that enables couples to divorce online, allowing the divorce to be fast, simple and at a fixed price. Since then, the number of people looking for a divorce online has steadily increased, meaning this modernisation of the process is appealing for those wanting an accessible solution, especially younger couples.

However, it’s not just the online application process that has affected divorce, it’s the wider digital landscape. Social media and apps have impacted how and why couples divorce, with many aspects of their online lives can be used throughout the divorce process as evidence.

The impact of living our lives online

People now live large parts of their lives and relationships online. They share their daily lives, in a bid to connect with their friends and family, but it can also open opportunity to take time away from their relationship. People might find themselves spending too much time online, they could be resentful of their partner for doing so, and it can even lead to people building connections outside of their relationship.

Every day we share social media posts, our calendars, locations, send DMs and texts. But when things go wrong, the traces we leave behind online become evidence, and can be saved forever.

Can digital evidence be used as part of the divorce process?

Yes, lawyers now regularly use text messages, social media posts, screenshots, location data, dating app profiles and email trails when working through cases, depending on the source of conflict.

This can influence:

• Financial settlements
• Child arrangements
• Claims of misconduct
• Proving or disproving behaviour

The future of divorce

We don’t yet know how emerging tools such as AI will affect divorce yet, but we’re entering a world where AI could potentially help draft agreements, or digital evidence has the capacity to be misused.

Whilst the digital landscape is proving beneficial to couples in many ways, it has the potential to make the divorce process much more complex.

How Slater & Gordon can help

Whilst quick and fast divorces online benefit some, there are issues that can arise from not having a lawyer to support. These include:

Financial issues

Processing an online divorce does not mean that a couple's issues regarding finances are also settled. It is essential to remember that getting divorced provides no future financial safeguard unless there is also a financial order. This is usually by agreement without the need for anyone to attend court but does still require a separate online application in parallel with the divorce process itself. A Family Court judge will assess the financial order to ensure that it is fair in all circumstances. Therefore, specialist legal help with this is essential.

Issues regarding children

The online divorce system does not offer support to resolve issues pertaining to children, which divorcing couples often must also sort out. Arrangements for children of support is a specialist area of the law that requires a great deal of care. A specialist family lawyer would be required to ensure that any plans of child arrangements are settled.

You won’t receive expert support should anything go wrong.

Though completing the form online may seem quick and easy, ensuring all needed information is correct and submitted can present challenges. A qualified family lawyer will be able to support you and guarantee that all information is present and correct to ensure it will be accepted by the courts. Court officials will check the details within the online application and an incorrectly completed online form can result in delay and possibly an additional cost.

You can find out more about the pros and cons of online divorce here.