Divorce by email

As part of a package of Government measures for the "modernisation" of family court procedures, Justice Minister Bridget Prentice cites two examples  to make divorce procedures less daunting: parties will be able to serve court documents on each other by email, and those applying for an undefended divorce will no longer have to "swear" an affidavit in the presence of a qualified person, but instead complete a "statement of truth" at home and send it in. Described as "saving time and money for both the user and the courts" this may sound like a bright idea for cutting down on paperwork - but has anyone in Government bothered to think through the implications of removing these formalities? Swearing an affidavit in front of a Commissioner for Oaths is, intentionally, a solemn and formal procedure which is much harder to take lightly than filling in a form at home. Likewise, serving divorce papers by email - quite apart from the privacy and security implications - trivialises an important step. Making justice "accessible" is one thing. Making family break-up the kind of thing you can fit into your lunch hour is quite another.