Divorce Applications Wrongly Approved After Computer Error, High Court Hears

In an unprecedented case highlighting the growing reliance on digital systems in legal processes, the High Court in London has been told that dozens of divorce applications were wrongly approved due to a computer error. The revelation has not only exposed vulnerabilities in the UK’s online divorce system but also raised critical questions about the legal standing of affected individuals who believed themselves legally divorced—some of whom have since remarried or planned to do so.

The Error: A Glitch in the One-Year Rule

At the heart of the issue is a technical flaw in the online divorce portal operated by HM Courts and Tribunals Service (HMCTS). According to legal representatives for the Justice Secretary, the glitch failed to flag applications that were filed on the first anniversary of a marriage—one day too early under current divorce law. The law requires that a couple must be married for at least one year and one day before they can lawfully apply for a divorce.

Between April 2022 and April 2024, a total of 96 divorce applications were submitted exactly one year after marriage. Out of these, 79 were granted final divorce orders, despite not satisfying the statutory waiting period.

The error came to light during a routine audit of the online system and has since triggered a legal debate that could affect dozens of families across England and Wales.

Legal Repercussions: Void or Voidable?

In a hearing held on Wednesday in London, lawyers for the Justice Secretary argued that the divorces in question should be considered "voidable" rather than "void." This legal distinction is crucial. A void marriage or divorce is considered legally null from the outset, as though it never occurred, whereas a voidable one remains valid unless actively annulled.

Sir James Eadie KC, presenting arguments on behalf of the Justice Secretary, cautioned the court against declaring the divorce orders void. “The undoing of final divorce orders has the consequence that separated couples who were, and thought they were, divorced will be held to still be married,” he said. He emphasized that this would cause “significant legal and practical consequences” for individuals who had acted in good faith, including those who had remarried or made financial settlements following the divorce.

Human Impact: Emotional and Legal Uncertainty

Although none of the affected divorcees were present or legally represented during the hearing, the court was informed that several individuals had expressed “significant distress” upon learning that their divorce might not be legally recognized. For people who have already remarried, this situation raises the prospect of accidental bigamy, which is a criminal offence in the UK punishable by up to seven years in prison.

Others, who may have entered new relationships, moved on emotionally, or made life plans assuming their legal separation was final, now face a return to legal limbo.

The Ministry of Justice (MoJ) has acknowledged the seriousness of the matter, but stressed that all affected cases met the substantive criteria for divorce. The only issue, officials say, was the date of submission—a problem attributed to a “genuine system flaw” in the automated validation tool within the portal.

Not the First Time: A Pattern of Systemic Errors?

This is not the first digital mishap involving the UK’s online divorce system. Earlier this year, another case drew attention when a couple was mistakenly divorced due to a human error on the part of solicitors using the same portal. In that case, an application for a final divorce order meant for one couple was mistakenly filed for another. The system processed the order within 21 minutes, legally dissolving the wrong marriage. Despite the obvious error, the final order was not overturned, leading to further scrutiny of both the technology and the protocols surrounding its use.

These recurring issues have sparked debate in the legal community about the risks of digital automation in handling sensitive legal matters. While the online system was introduced to streamline and modernize the divorce process—especially following the implementation of the no-fault divorce law in April 2022—critics now argue that insufficient safeguards and lack of human oversight have created potential for irreversible errors.

Legal Community Reacts: Reform or Rethink?

Family lawyers and legal commentators have expressed concern over the consequences of these system errors. Speaking to legal publications, some have called for urgent reforms to the online portal, including manual verification checks, especially for critical eligibility thresholds like the one-year rule.

Others warn that the digital transformation of the family justice system is being carried out too hastily, with inadequate consultation from practitioners. While digitization offers efficiency and accessibility, they argue, it must not come at the cost of legal accuracy or public trust.

"This is a clear example of technology failing in a context where the consequences are deeply personal and far-reaching," said one senior solicitor specializing in family law. “The system was designed to reduce bureaucracy, but it's created a bureaucratic nightmare for those caught up in this glitch.”

Government Response and Next Steps

The High Court has yet to issue a final ruling. A written judgment is expected in the coming weeks. Meanwhile, the Justice Secretary’s office is reportedly working behind the scenes to identify all affected individuals and offer legal guidance on how to rectify their marital status, if needed.

In a statement, a spokesperson for the MoJ reiterated their commitment to supporting affected parties and said measures were being taken to prevent similar errors in the future. “We understand the distress this situation has caused, and we are working to ensure no one is adversely affected by this technical issue.”

Conclusion: Lessons for the Digital Justice System

As the UK justice system continues to embrace digital tools, the case of the mistakenly approved divorces underscores the need for robust quality assurance, legal review mechanisms, and human oversight. Legal finality—especially in matters as intimate and impactful as divorce—must not be sacrificed for digital convenience.

This episode also serves as a cautionary tale for other jurisdictions eyeing the implementation of online legal services. While innovation in public services is necessary, it must be paired with the safeguards that preserve legal integrity and protect public confidence in the system.

As affected couples await the High Court's ruling, the case remains a sobering reminder of the real-world consequences of a simple line of code gone wrong.

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