Why Digital Divorces Might Not Be So Simple
A combination of lockdown, increased digitisation of the courts, and legal reforms have made online divorce easier than it ever has been.
This can be a good thing as it gives people the opportunity to exit relationships that they no longer want to be a part of in a more timely fashion. Fears around no-fault divorce and that the process is now too easy have not come to pass.
When the law was passed, safeguards were put in place so that there would at least be a cooling-off period before a divorce was finalised. The problem is that protections in the law have not translated to similar protections in the marketplace.
Now the Competition and Markets Authority (CMA) are set to examine some of the claims made by online divorce services that might actually be too good to be true.
These services attract customers by claiming to be faster and cheaper than traditional alternatives like going through a solicitor. However the CMA has received a number of complaints about things like the quality provided after the wrong forms were used, papers were sent to court late, and incorrect details were entered.
Other concerns have also been raised about the cost for online divorces. Customers might be attracted by prices that are initially very low but there might be hidden costs and so the amount that a customer has to pay can escalate very quickly.
The lack of proper regulation around this area is rightly a cause for concern but divorce is only the latest legal service to be affected by this worrying trend. Will writing and pre-paid probate services are also due to be scrutinised by the CMA. Here customers have complained about sales tactics that pressure them into buying unwanted or unnecessary legal products.
In theory a pre-paid probate service should mean that when a customer does eventually die there will not be any fees for the family to pay. Unfortunately the CMA has heard of cases where the probate has ended up delayed as a result of dodgy or unnecessary plans and grieving families have been left unable to settle bills or sell property.
Speaking about the importance of these legal services, Sarah Cardell, the chief executive of the CMA said:
“That's why it's so important that we investigate so that people can select the right legal service for them - for divorce or probate or will writing - with confidence. It's essential that firms get the basics right, including complying with general consumer law which applies to all traders. Customers must get a fair deal.”
As the law changes and adapts to life in the 21st Century there are bound to be teething troubles as regulators play catch-up with companies that seek to take advantage of the vulnerable. If there is any solace that can be taken from this saga it is that the value of high quality legal work should not be underestimated.
This week on the podcast we examine a case of fraud where the victims were induced to transfer £700,000 into a fraudster’s account. I share my thoughts on the legal options open to victims and what duties the bank has in circumstances like these.
Episode link: http://uklawweekly.com/2023-uksc-25/
Make a difference today,
Marcus