A computer error at a family law firm meant a couple were divorced by mistake.
A lawyer at Vardags opened the file for two people called Mr and Mrs Williams, who had been married for 21 years, when applying for the order. However they brought up the details for clients of the same name on the online portal and mistakenly applied for a final order for the couple. Sir Andrew McFarlane, president of the firm’s family division, said they had intended to apply for a divorce for a different client “but inadvertently opened the electronic case file in Williams v Williams".
Last week the high court ruled the final order would be upheld, despite the mistake. Founder and president Ayesha Vardag told the Law Society Gazette: “The young lawyer who made the slip with the drop down menu on the new divorce portal is one of the best of the next generation. Not sloppy, not careless. Totally committed, extremely able.
“That young lawyer, our brilliant young lawyer, genuinely needs support to deal with the trauma of it all. Even with me saying 'any of us could have done this', and with collective responsibility, it’s the kind of thing to wake people up at night, gives them breakdowns or makes them run away from the law completely. It’s absurd we can have orders amended under the “slip rule” and everyone understands it happens, but when it’s a slip on the portal it’s set in stone.”
Last month marked two years since no-fault divorces came into force in the UK, sparking a huge change in the way fraught relationships can come to an end. It was the biggest shake-up of divorce law in 50 years and allowed couples to legally separate without the need to prove fault or wrongdoing by either party.
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It largely put an end to bitter battles of blame, as before the fresh ruling, couples had to prove 'behaviour' to call it quits - or be separated for a minimum of two years instead. Experts told the they have seen a significant rise in those filing for divorce since the introduction. Julian Bremner, Executive Partner and Financial Arbitrator at , says divorce has become much smoother and simpler since it can be done more amicably.
He said: “There is a significant increase in parties simply cracking on and filing the divorce proceedings themselves without needing their solicitors to do so. "Solicitors no longer need to be involved as to the divorce itself and this means that parties – even if they have solicitors assisting them with the finances and the children – are relaxed about progressing their divorce through the online portal themselves."
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