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Online Divorce Applications
20 May 2024
Type
Written Ministerial Statement
Department
Ministry of Justice
At a Glance
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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