Commons Sense

House of Commons · Written Ministerial Statement

Online Divorce Applications

20 May 2024 · Ministry of Justice

Proposed by Mike Freer Con Finchley and Golders Green

Justice & Courts

Summarised by AI from the official record, so it can contain mistakes.

View on Parliament.uk

At a glance

Key points

  • The digital service for divorce applications experienced a technical issue allowing premature filings.
  • HMCTS has corrected the error and reviewed all affected cases.
  • Those who submitted early applications have been contacted by HMCTS.

Issue summary

The statement addresses a technical issue with the digital service for divorce applications that allowed premature filings.

Action requested

HMCTS has rectified the error, reviewed all affected cases, and contacted those who submitted early applications. The judiciary is considering how to handle these cases, while acknowledging existing final orders remain valid until further notice.

Key facts

  • A statutory bar against applying for divorce before one year and one day of marriage exists under section 3 of the Matrimonial Causes Act 1973.
  • A technical fault in the new system allowed applications between April 6, 2022, and November 23, 2022, to be submitted early.
  • The error was rectified immediately upon discovery to prevent further premature filings.
  • 67 cases out of 90,431 applications during the fault period were found to have received final divorce orders.
  • HMCTS has established a dedicated helpline and contact email for guidance.
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