Carmen Hudson

Divorce Form

Warning – New Divorce Form Could Lead to a Surge in Accusations of Adultery

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Carmen Hudson (LLB)
Director DivorceBox

The ministry of justice launched an amended copy of the divorce application form earlier this month to much applause.

The form is intended to make it easier for those individuals who wish to get divorced without involving a solicitor and has been hailed as a success by commentators and family law charities alike.

1 in 3 divorces are now issued without involving solicitors.

The amended divorce application form has caused some concern amongst family law professionals for altering the provisions relating to adultery as a reason for the divorce application.

Naming and shaming a third party may feel good when completing the divorce application form but applicants are often unprepared for the consequences of doing so when seeking to complete the divorce application form themselves.

The worry is that many applicants fail to grasp the legal consequences of citing adultery in a divorce application and do not fully understand that in doing so they potentially add a third party to proceedings, which in turn could lead to delays in the divorce process, or worse a defended divorce application.

On a practical note citing adultery and potentially naming the ‘culprit’ can have far reaching personal consequences that the applicant can not envisage at this stage in the proceedings.

And may cause problems for many years after the divorce even after the ink is dry on the Decree Nisi.

As a divorce professional we always advise careful consideration before citing adultery in a divorce application.

The harsh reality is that the court is not interested in the reasons for your separation, only that the marriage/civil partnership has broken down irretrievably.

In short there is very little to be gained by citing adultery and a lot to potentially loose. It can delay proceedings, add additional expenses to your application and potentially involve a third party. Who will naturally want to clear ‘their name’.

The new divorce application form was intended to make things easier for those individuals who do not want to involve a solicitor.

But by altering the section relating to adultery the unintended consequences are that the Divorce Centres may see an increase in applications based on adultery and this may lead to further delays in processing times which the new forms were designed to reduce.

ABOUT CARMEN

Carmen Hudson (LLB) is a director and head of legal of operations at DivorceBox.com a online legal service provider specialising in online divorce (e-divorce).

After 15 years in dispute resolution she founded DivorceBox to offer a less intimidating alternative to traditional legal services.

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Divorce Proceedings and Financial Applications Uncoupled.

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Carmen Hudson (LLB) Director DivorceBox

From Monday 19th June 2017, divorce applications and financial applications (following a separation) will be separated in the eyes of the court. 

The president of the Family Division recently confirmed that following a successful pilot scheme, courts in England & Wales will separate  divorce and financial applications to avoid delays to the separation process.

‘We are pleased to say that the pilot has been successful and achieved its aim of introducing a more streamlined process which reduces the delays currently experienced by court users as files are transferred between courts’ *

The aim is for users to have one case number for both applications (divorce/financial applications) but separate files which should reduce the delays currently experienced by users entering the system.

‘Currently if a contested financial application is made the whole divorce proceedings are transferred to a local court to be dealt with. This builds in delay for court users and is resource intensive for HMCTS staff to administer.’ **

Following theses changes the court should see a significant reduction in the number of delays that arose because of the transference of files.

As separate applications, they should be dealt with more efficiently and this should reduce the waiting time and uncertainty that existed within the old system.

A move towards a more streamlined process has long been awaited by those within the Family Law sector. The Family Court system has been very slow to change compared to other sectors within the legal system where advances in technology have been embraced to allow better access for clients.

Whilst this is a positive step in the right direction it is worth noting that Family Law proceedings can be some of the most stressful and life changing of applications for those involved.

As such more should be done to reduce the impact on those individuals who have no choice but to engage with the Family Court system.

No fault divorce and easier access in terms of entry into the system are yet to be implemented and we have a long way to go before we achieve a truly accessible system the serves the individuals it is meant to protect.

* https://www.judiciary.gov.uk

** President of Family Division’s letter of 27th April 2017   

ABOUT CARMEN

Carmen Hudson (LLB) is a director and head of legal of operations at DivorceBox.com a online legal service provider specialising in online divorce (e-divorce).

After 15 years in dispute resolution she founded DivorceBox to offer a less intimidating alternative to traditional legal services.

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Solicitors Report a Rise in Acrimonious Divorce Applications Following Court of Appeal Decision

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Carmen Hudson (LLB) Director DivorceBox

The Solicitors Journal recently reported that lawyers are seeing ‘far more acrimonious’ allegations (of) unreasonable behaviour …. since the Court of Appeal decision in Owens v Owens’ which involved the denial, by judges, to grant a divorce to Mrs Owen’s following her failure to prove unreasonable behaviour.

Like most divorce cases that are reported in the press the Owen’s case has made headlines for all the wrong reasons.

We Need to Talk about Owen’s

What is not reported in the wider press is that ‘defended’ divorces (cases that reach court because one party does not want to get divorced) are still VERY rare and prohibitively expensive.

Following wide spread press coverage that a divorce application was denied. Applicants are naturally worried about their own applications. The unfortunate result of the Owen’s decision is that applicants are now leaning towards more acrimonious allegations in their applications to insure that their divorce is granted.

The unforeseen consequence of relying on such acrimonious allegations is that it also has the potential to make your spouse uncooperative. With the result that the very steps the applicant is taking to insure that their application is granted can be the action that makes their spouse uncooperative and lead to a problematic divorce.

I think it’s worth remembering that the end of a marriage or civil partnership is an unfortunate process for all parties involved.

Whilst recognising the above it is also important to try and make the distinction between the legal ‘formal’ process of ending a marriage/civil partnership and the personal side.

Understandably, this is traditionally the part that most people struggle with.

Sadly the recent decision in Owen’s and the press coverage that followed has only served to muddy the waters.  The decision in Owen’s has once again highlighted the need for No Fault Divorce in England & Wales.

Unfortunately, No Fault Divorce is still along way off so what can you do to ensure your application is accepted.

  • Resist the temptation to go into too much detail about the reasons for your separation. The court is only interested in the formal criteria being met not the wrong doing of the parties.
  • If you are still on speaking terms with your spouse discuss your application before submitting it so it’s contents are not a ‘surprise’ to your spouse. Despite what people think there is nothing to loose ‘strategically’ in doing this and everything to gain. This is your life not a game.
  • If your spouse is not co-operative rest assured that they can not ‘ignore’ a divorce application. There are rules in place if this happens and it does not stop your application from proceeding. https://www.gov.uk/divorce/respond-to-a-divorce-petition

ABOUT CARMEN

Carmen Hudson (LLB) is a director and head of legal of operations at DivorceBox.com a online legal service provider specialising in online divorce (e-divorce).

After 15 years in dispute resolution she founded DivorceBox to offer a less intimidating alternative to traditional legal services.

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Up to 50% of Divorce Applications are Being Rejected Due to Errors

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Carmen Hudson (LLB) Director DivorceBox

It was recently reported that the governments flagship divorce centre was rejecting 50% of divorce applications due to errors made in the application form.

Divorce Centres were originally introduced as part of the courts move towards a centralised system for divorce in England & Wales and formed part of a larger project to make Family Law proceedings more accessible and less prohibitive for those individuals who engage with the family law process.

However, it would appear from the increased number of rejections that the system is not providing the improvements that the scheme envisaged.

So what can you do if you are completing a DIY divorce application to make sure that your application is accepted?

Below is a list of the main reasons that a divorce application would be rejected by the court/Divorce Centres.

Many of the reasons for rejection are due to simple errors that could be made by anyone. To help you avoid them I have also included my top tips for avoiding them.

 Top Tips

  • When filling in the details of where your marriage took place check that the names of the parties (you and your spouse) match those on the marriage certificate EXACTLY. Even if the marriage certificate contains a spelling error, write it exactly as it appears on the certificate when completing your application form. If it is not completed in this way the court will have no option but to reject and return your application.
  • Applications are also being return because many people are forgetting to sign and date their application form. This is easily done, I have seen qualified professionals have forms returned to them that are not signed and dated. My advice is to complete your application form and then leave it at least 24 hours before checking it for errors. If you can get a trusted friend or family member to also check it a second pair of eyes is always useful.
  • Failure to enclose the court fee £550 or a Help With Fee’s form.
  • Failure to enclose your marriage certificate. It’s easy to forget to enclose your fee and marriage certificate but the court can not do it’s job without these items. Failure to enclose what is needed is only going to cause delays and prolong a already stressful situation.

If you are an applicant making a DIY divorce application then the best advice that I can give you is to check, check and check again.

As with many things in life it is the simple things that make the big difference and simply checking your form or getting a trusted third party to check your form before submitting it is the easiest way to avoid any problems with your application.

* Bury St Edmunds, Information, gsi.gov on 13/03/2017

About Carmen

Carmen Hudson (LLB) is a director and head of legal of operations at DivorceBox.com a online legal service provider specialising in online divorce (e-divorce).

After 15 years in dispute resolution she founded DivorceBox to offer a less intimidating alternative to traditional legal services.

 

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Online Divorce Application? YES YOU CAN

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Carmen Hudson (LLB) Director DivorceBox
Carmen Hudson (LLB) Director DivorceBox

Gary Lineker is making headlines and front pages today with his call to make getting divorced as easy as getting married stating:

‘It is easy to get married and very difficult to get divorced’

The article then goes on to discuss the potential conflict of interests that are inherent in the fact that solicitors charge by the hour and quick divorces will make them less money.

I am constantly asked if you can really get divorced for £69.

And the answer is yes. An online divorce can cost you as little as £69 (if you receive a full fee remission).

For those individuals that don’t receive a fee remission a court fee is payable of £550. But it is still possible to get divorced for less than the cost of an iPhone.

You will use the same forms, the same process, the same courts and it will take the same amount of time to get your decree absolute.

This is achieved because of the advances that have been made with technology. We have simply passed these on to our client’s.

Separation and divorce can be very challenging on a personal level but from a legal stand point it can be as simple as filing the forms. An online divorce can facilitate that for you.

Or look at this way:

You are in central London and need to get from one side to the other as quickly as possible, so you ask the driver of a Black Cab. What do you expect his answer to be?

It might be quicker by taxi, it might be quicker on the tube, it will depend on the time of day, the traffic, the distance you want to go, and the route taken.

We all instinctively know that 9 times out of 10 the cabbie will recommend that he takes you in his cab, no matter what the conditions are.

Divorce is not a one size fits all situation. But the legal sector promotes it’s services this way. You MUST use a solicitor to get divorced.

That is not the reality.

For more information on getting divorced and the divorce process see: www.gov.uk/divorce

Carmen Hudson (LLB) is a director and head of legal of operations at DivorceBox.com a online legal service provider specialising in online divorce (e-divorce).

After 15 years in dispute resolution she founded DivorceBox to offer a less intimidating alternative to traditional legal services.

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10 MYTHS ABOUT ONLINE DIVORCE UK

10 Myths about Online Divorce UK

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Carmen Hudson (LLB) Director DivorceBox.com
Carmen Hudson (LLB) Director DivorceBox.com

So many questions have been asked about online divorce, so Carmen Hudson, Director at Divorcebox, has taken the time to give us the top 10 myths about online divorce UK

Myth #1 – You need to use a Solicitor to get divorced

A common misconception is that you need to instruct a solicitor to obtain a divorce.

In reality 40% of divorce applications* in England and Wales are concluded without using a solicitor.

For more information on divorce and the divorce process visit: www.gov.uk/divorce/overview or www.divorcebox.com

Myth #2 – You have to wait 2 years or 5 years before you can get divorced

There are two criteria that a couple have to meet to make a divorce application.

  1. That the marriage/civil partnership has irretrievably broken down
  2. That you have been married/civil partners for at least one year prior to your application

The ‘facts’ used to prove the above are:

  • Unreasonable behaviour (the most common fact cited)
  • Adultery
  • 2 years separation with consent of both parties(often referred to as a no fault divorce)
  • 2 years separation, Desertion
  • 5 years separation, Desertion

You can get a divorce after one year if your spouse/civil partner has behaved in a way that you consider to be unreasonable or has committed adultery.

The 2 and 5 year criteria refer to no fault divorce applications where there are no allegations about your spouses behaviour. You can divorce by mutual agreement after 2 years or because your spouse has ‘deserted’ you for a period of 2 or 5 years respectively.

Myth #3 – Quickie Divorces

When the press refer to a quickie divorce they are in fact referring to a uncontested divorce where both parties agree to the divorce. No firm or company can influence the speed at which your divorce is granted. This is determined by two things:

  • The court/Divorce Centres schedule or workload.
  • The co-operation of both spouses who agree to the divorce

These are the two factors that will influence the speed at which your divorce is granted.

10 MYTHS ABOUT ONLINE DIVORCE UK

Myth #4 – You have to attend court to get a divorce

Very few divorce applications are defended, where one party doesn’t agree to the divorce application, and an even smaller number of those require a hearing.

The majority of divorces are dealt with without either party having to attend court.

Myth #5 – Finances are settled on a 50/50 basis

When people refer to financial divorce settlements they are generally referring to a settlement by court order. It is worth noting that you do not have to apply for an order or go to court to resolve financial or childcare issues (see #8 below).

If you did decide to make an application to the court for a financial order there is no automatic division of assets on a 50/50 basis or in any other proportion. What the judge will look at is the circumstances of the divorcing couple and the needs of both parties.

Remember the pendulum can swing both ways. Either party can be potentially ordered to pay maintenance to the other party and the court does not automatically give a ‘stay at home parent’ a bigger slice of the cake.

Myth #6 – I need a consent order

A consent order is:

“a financial contract, jointly agreed by a divorcing couple, that finalises the financial obligations arising from the marriage/civil partnership”.

Firstly if your spouse doesn’t want to sign a consent order, you can not get one, as a contract requires the consent of both parties.

Secondly if you have children it may not be in your best interests to ‘consent’ to a contract that allows for no future changes in financial arrangements (that may or may not have been agreed in a separate agreement), because your children’s circumstances may change for a variety of reasons in the years ahead.

Consent orders are not a one size fits all instrument. It will depend entirely on your circumstances and the co-operation of both parties.

You can obtain a consent order in addition to completing a DIY divorce or online application if both parties are in agreement.

Myth #7 – Legal Aid is not available for divorce applications/Court Fees

10 MYTHS ABOUT ONLINE DIVORCE UKThis myth is mostly true but there are schemes in place to assist those couples going through divorce. Legal Aid is no longer available for most family law matters but there is an exception for matters involving domestic abuse.

However, fee remission of the court fee for a divorce application is available for those individuals that meet the income criteria. Meaning that those on lower incomes or benefits are entitled to a full or partial remission of the court fee for a divorce application.

Financial and childcare arrangements:  Legal Aid is available for mediation if you meet the income criteria. Mediation helps you sort out arrangements about finances and children following divorce or separation.

Myth #8 – You can not get an online divorce if you need to make a financial agreement or arrangements in respect of children

A divorce application is separate to any financial agreements or arrangements in respect of children. They are often dealt with at the same time and run alongside each other but each matter is dealt with in it’s own right.

You can get divorced using an online application and deal with financial matters and childcare arrangements separately without referring the matter to court if you wish to do so.

Family Mediation:  Mediation is where an independent and impartial third party discusses issues with you and your ex-spouse/civil partner to try and reach an agreement. Mediation can be conducted separately if the circumstances require it.

Mediation is not about getting back together. It is an opportunity for a divorcing couple to make arrangements about a number of issues, including but not limited to financial affairs, housing, child care arrangements and how to deal with any property.

Legal Aid is available for mediation if you qualify.

Myth #9 – Online divorce is for people with no assets

This is another popular divorce myth. However, it was recently reported that Gary Lineker got divorced online and as such is likely to have dealt with any financials matters separately.

Myth #10 – Divorce is expensive

This myth is often supported by press coverage on big money divorces. But divorce applications do not have to be expensive or complicated. There are schemes available for those individuals on lower incomes and you can reduce the cost further by completing your application online.

Costs of divorce:

Application forms – the application form is available for free at hmctsformfinder.justice.gov.uk or DivorceBox.com

Court Fee £410 – this can be reduced to £0 if you qualify for remission

Family Mediation – Legal Aid is available for mediation

Online divorce – DivorceBox packages from £39.00

 

*https://www.gov.uk/government/statistics/family-court-statistics-quarterly-july-to-september-2015

Carmen Hudson (LLB) is a director and head of legal of operations at DivorceBox.com a online legal service provider specialising in online divorce (e-divorce).

After 15 years in dispute resolution she founded DivorceBox to offer a less intimidating alternative to traditional legal services.

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Online Divorce UK – How to File for Divorce Online

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Carmen Hudson (LLB) Director DivorceBox.com
Carmen Hudson (LLB) Director DivorceBox.com

In this interview, Carmen Hudson of Divorcebox, explains how you can file for divorce online:

Divorce online is exactly like any other divorce except that is done online. 

Going through divorce is a very difficult experience but in the case where both partners agree to the divorce, the divorce process itself can be reduced to a procedural exercise and that’s where online divorce comes in.

If you prefer to go down the avenue of alternative dispute resolution, you can still instigate your  divorce online and deal with the paper work online and reduce that side of it, that element of it to a procedural exercise.

Can I get all necessary divorce papers online in order for me to be able to file for divorce online?

Yes, they are absolutely free online from her Majesty’s Court website.  They are free so never, pay for divorce papers or divorce forms.  You can even download them for free as a pack from our website. There are people who sell packages which include the divorce papers but what you need to know is what you’re paying for.  That would be my advice to you.

Online divorce is about choice.

Is online divorce for those with within the low income bracket?  That’s the picture that we often get.

That is the picture that they do portray but that is not the case.  It’s like in the case of family mediation as a divorce process, it’s for anybody but it’s not necessarily suitable for everybody.  If the divorce is likely to be defended and hearings necessary, online divorce wouldn’t necessarily be suitable in that instant.

But in terms of net worth, just recently we had Gary Lineker choosing to go through his divorce process using the divorce online route. 

This is a good example of how a high net worth individual has chosen to go through the divorce process by taking the non-adversarial route, non-contentious route, because it helps shine the light on the fact that you can do it, without involving the lawyers, without it being a messy divorce. 

So finances do not affect whether or not you can have an online divorce, what is important is that you can agree to divorce with your ex-partner.  You can sort out houses, finances, children through other avenues.

So to file for divorce online, it needs to be an uncontested divorce.

Can you start your divorce online at anytime or do the grounds for divorce still hold?

Online divorce, DIY divorce, divorce through a solicitor are all the same thing.  All the exact same application forms, all the same rules apply as well as the reasons and the facts that you use to prove the divorce are exactly the same as you would use if you were going through the divorce process through a solicitor or via DIY divorce. 

It all comes down to how you chose to file for divorce the rest stays the same including the grounds for divorce.

Is going through the divorce online quicker ?

The divorce process is in the hands of  divorce centres.  So it will depend on your regional divorce centre and some regions are slightly better than other regions.  

They will dictate, the timetable and schedule of any divorce be it DIY, be it online divorce be it through a solicitor.

The difference with an online divorce is that you can instigate and initiate the divorce yourself from home, so you’re in control of the timetable.  So you’re not waiting for solicitors and you don’t have to go to a solicitor’s office. 

So this is an advantage to be gained.  It’s the convenience of doing it at home and at your own pace. 

So you can find the divorce papers online, you can file for divorce online, you don’t have to wait for the forms to arrive, you don’t have to go out and meet someone and you don’t have to cough up a lot of money.

You can print the forms out, attach your cheque, send them to your divorce centre and it can be as simple as that.

I don’t want to say that divorce is easy, I don’t like that whole easy divorce thing, because the divorce process itself can be devastating for people, but the actual application, can be a procedural exercise. 

What about clean break?  How does online divorce help.

Financial matters and matters in relation to children and matters in relation to property, are separate to but run alongside the divorce application.

So the divorce application is one application to the court then if need be, you can make a separate application in relation to the children and then you can make a financial application.  They are parallel but they are not all on the same form.

Mediation works very well with online divorce.

What we find is people find that if they want to keep it out of the court and they want to go down the alternative dispute resolution path and they don’t want to put it in the hands of the judge, they can use a combination of online divorce and family mediation.  That puts the family and the spouses at the heart of the decision making process.  So you can actually reach a compromise with the mediation and also do your online divorce parallel to that.

Carmen Hudson (LLB) is a director and head of legal of operations at DivorceBox.com a online legal service provider specialising in online divorce (e-divorce).

After 15 years in dispute resolution she founded DivorceBox to offer a less intimidating alternative to traditional legal services.

c.hudson@divorcebox.com

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Online Divorce UK – 2016 A New Era For the Divorce Process

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Carmen Hudson (LLB) Director DivorceBox.com
Carmen Hudson (LLB) Director DivorceBox.com

2015 heralded lots of significant changes for divorce and family law.

We started the year with the government expressing concern about the potential for geographical ‘advice deserts’ and the likely ‘effect of geographical provision …of civil and family law’(1) services following the cuts to legal aid for the majority of family law cases.

Between the months of January and October we had, the long anticipated, roll out of the new Divorce Centres and introduction of a Single Family Court system.

The rational behind their introduction (to make the act of divorce more procedural) was welcomed by many in the sector.

We experienced and overcame the inevitable ‘teething problems’ that accompany any major change in structure or practice. And concluded the year with a disappointing delay to the second reading of the ‘No Fault Divorce Bill’ which is now expected to take place in the new year.

As a nation the way in which we divorce certainly changed in 2015.

And whilst there was a reduction in the number of providers offering legal aid services (down from 1,899 in 2013 to 1,435 in 2014 (2)) the legal services sector has responded robustly with many providers offering fixed fee, low cost and online solutions. As such geographical boundaries are becoming less relevant.

So what does this mean for those couples making the difficult decision to separate and divorce in 2016.

In 2016 you can literally get divorced from the comfort of your own home and commentators will inevitably be quick to criticise the advances currently taking place within the sector.

But we should try and remember that making the decision to end a marriage/civil partnership is hard enough for those involved, and is rarely taken lightly.

Advancements that improve the current process should be embraced and not derided.

In 2011 a report by the Family Justice Review recommended that ‘the process for initiating divorce should begin with the online hub and should be dealt with administratively by the court, unless the divorce is disputed'(3).

In 2015 the MOJ took a big step in the right direction with the introduction of Divorce Centres, the Single Family Court with a single jurisdiction and a single point of entry.

But whilst we welcome such changes this is only a partial step towards streamlining the divorce process.

Unfortunately it is the private sector that is once again leading the way. Personally at my own company DivorceBox.com an online provider offering edivorce we ensure that all our services are compatible across all devices and platforms. And we aim to make the divorce process as smooth as possible.

Divorce is not a situation in which people, ‘choose to litigate’, a divorce application is legally the only way in which you can dissolve a marriage/civil partnership and as such should be made as simple as possible.

Carmen Hudson (LLB) is a director and head of legal of operations at DivorceBox.com a online legal service provider specialising in online divorce (e-divorce).

After 15 years in dispute resolution she founded DivorceBox to offer a less intimidating alternative to traditional legal services.

c.hudson@divorcebox.com

 

  1. Justice – Eighth Report: Impact of changes to civil legal aid under Part 1 of LASPO Act 2012, 4 March 2015, Ch 5 (para 73) 2015.

http://www.publications.parliament.uk/pa/cm201415/cmselect/cmjust/311/31108.htm

  1. Justice – Eighth Report: Impact of changes to civil legal aid under Part 1 of LASPO Act 2012, 4 March 2015 Ch 5 (para 74) 2015.

http://www.publications.parliament.uk/pa/cm201415/cmselect/cmjust/311/31108.htm

  1. Family Justice Review, Final Report 2011, p25 (para 131) https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/217343/family-justice-review-final-report.pdf

 

 

 

 

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