Oops! London law firm gets wrong couple divorced due to clerical error

A couple got divorced by accident because of a computer mistake made by solicitors at a top UK law firm. The high court, referring to the couple as Mr and MrsWilliams, couldn't reverse the decision. They were married for 21 years and separated in 2023.

Solicitors at London's Vardags firm, led by Ayesha Vardag, mistakenly applied for a final order using an online portal, even though the couple was still negotiating financial arrangements for their split, as reported by the Guardian.

Sir Andrew McFarlane, the president of the family division, explained that the lawyers meant to apply for a divorce for another client but ended up opening the file for 'Williams v Williams' and applied for a final order by mistake.

He mentioned that solicitors at Vardags, representing the wife, accessed the online portal without their client's instruction or authority. The online system processed the request quickly and granted the divorce order for the Williamses within 21 minutes, as was usual.

Computer error turns serious

The solicitors realised their error two days later and sought to cancel the final divorce order from the high court. They explained that the mistake was simply a matter of someone at Vardags "clicking the wrong button" and argued that since the final order was mistakenly applied for, it should be reversed.

However, McFarlane dismissed the request, stating, "There is a strong public policy interest in upholding the certainty and finality that comes from a final divorce order and maintaining the established status quo."

He elaborated that, similar to other online processes, the operator may only reach the final screen, where the final click of the mouse is made, after navigating through several previous screens.

Vardag, a prominent divorce lawyer in the UK, criticised the judge's decision, stating that he effectively decided, "'the computer says no, you're divorced'." She asserted that the state should not grant divorces based on clerical errors and stressed onthe importance of intention in our legal system's justice, citing her landmark ruling in 2010 regarding the legal binding of German heiress Katrin Radmacher's prenuptial agreement.

Vardag informed the Law Society Gazette that she was supporting the solicitor who mistakenly applied for the final order for the Williamses. This error occurred when the solicitor accidentally selected the wrong name from a drop-down menu on the divorce portal.

In 2017, Vardag secured a $79 millionsettlement for Pauline Chai, the wife of Laura Ashley tycoon Khoo Kay Peng.

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She gained attention in 2019 for issuing a memo to staff banning cardigans in the office. In a new dress code introduced the following year, she encouraged staff to avoid the traditional cufflinks and business suits often associated with "bankers and estate agents." Instead, they were permitted to wear electric blue sequined jackets and gold leather trousers to the office.

(With inputs from agencies)