England: Top judge calls for divorce and money disputes to be split

President of the Family Division, Sir James Munby, has called for the implementation of an online divorce system, saying the time had come for a “complete de-linking – separation – of divorce and money, so that they are dealt with under different processes”.

Under the envisaged system, money disputes would be dealt with by financial courts. And the changes could be enacted without the need for primary legislation, the judge said.

He lamented the pace of government reform, saying that a “history of procrastination suggests it would be unwise to assume speedy progress,” calling instead for reform “on the basis of the existing statutory regime”.

Sir James explained that separation was necessary because only a minority of divorce cases involve monetary claims while divorce itself is a largely administrative procedure.

He added that regional divorce centres, where divorces are currently dealt with, are under “unnecessary and avoidable strain”.