Rapid technological advancements are driving modernisation of the legal field. The key changes include online research databases replacing law books, electronic contracts replacing hard copies and a wider occurrence of remote Court hearings.
Whilst such innovations have led to increased efficiency and collaboration in the workplace, they have also negated the need for people to be physically present to carry out certain actions. As a result, there may be some negative unintended consequences attached, most significantly concerning the use of electronic signatures which replace handwritten signatures. Electronic signatures are used legally by way of obtaining consent. These are valid and enforceable.
It has become very easy to produce an electronic signature. They are cost-effective in reducing expenditure on paper and postage. Nonetheless, despite electronic signatures being easily accessible, they can be replicated onto another document, sometimes without the knowledge of the individual in whose name it is being signed.
The case of Randhawa v Randhawa highlights how this may become an emerging problem. In this case, a divorce granted in 2010 was set aside when it became evident that the wife had no notice of proceedings ever being initiated. She had no knowledge of the divorce until she petitioned for judicial separation in December 2019. The Judge held that the wife’s alleged signature on the acknowledgement of service form (providing consent to the divorce and agreeing not to contest) was forged by or on behalf of her husband.
It is therefore very important to be alert to such issues which may transpire given the vast number of legal documents which are signed regularly.
For more information on this or any other Family Law matter, please do not hesitate to contact a member of our Family Law team.
