Wrong couple get divorced after solicitor ‘clicks wrong button’

🌈 Abstract

The article discusses a case where a couple was mistakenly divorced due to a computer error made by solicitors at a leading law firm. The high court judge ruled that the divorce order could not be overturned despite the error.

🙋 Q&A

[01] Mistaken Divorce

1. What happened in this case?

• A couple, referred to as Mr. and Mrs. Williams, were married for 21 years until they separated in 2023.
• Solicitors at the law firm Vardags, representing the wife, mistakenly applied for a final divorce order for the couple through an online portal, even though the couple was still attempting to agree on financial arrangements for their split.
• The online system granted the divorce order within 21 minutes, and the solicitors realized their mistake two days later.

2. What was the court's decision?

• The high court judge, Sir Andrew McFarlane, rejected the solicitors' application to rescind the final divorce order.
• The judge stated that there is a strong public policy interest in respecting the certainty and finality of a divorce order, and that the online divorce portal should not be used to deliver a final order of divorce where one was not wanted.

3. What were the arguments made by the solicitors and the judge's response?

• The solicitors argued that the final order was applied for by mistake and should be set aside.
• The judge rejected this, stating that the online system requires going through a series of screens before the final click, and that the "computer says no, you're divorced" is not the right approach.

4. What was the stance of Ayesha Vardag, the head of the law firm Vardags?

• Vardag, known as the "diva of divorce", said the judge had reached a "bad decision" and that the state should not be divorcing people on the basis of a clerical error.
• Vardag argued that there has to be intention on the part of the person divorcing, as the principle of intention underpins the justice of the legal system.

[02] Implications and Significance

1. What are the broader implications of this case?

• The case highlights the potential risks and pitfalls of using online systems for legal processes, where a simple "click of the wrong button" can have significant consequences.
• It raises questions about the balance between the efficiency of online systems and the need for human oversight and intention in legal matters.

2. How does this case reflect on the legal system and the role of technology?

• The judge's decision to uphold the divorce order, despite the acknowledged mistake, suggests a tension between the desire for efficiency and the need for justice and intention in the legal system.
• The case underscores the importance of carefully designing and implementing online legal systems to ensure they align with the principles of the justice system.