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Getting your divorce petition right

Top 10 reasons why the court will return your Divorce Petition

A recent review of how divorce centres are progressing has highlighted the top ten reasons why Divorce Petitions are returned to those seeking a divorce. They highlight the need for careful preparation of the document which will, if progressed properly, lead to your marriage being dissolved. Naturally they must be drafted correctly.

Having gone through the turmoil of deciding whether or not you wish to divorce to have your petition returned by the court will only lead to further work on your part and possible further anxiety for your husband or wife and children. It is best to get it right for all concerned. So what are the reasons? The numbers below reflect the paragraph headings in a Divorce Petition.

1. No fee enclosed.

2. Part 2 – Details of marriage, incorrect

  • Names do not match marriage certificate
  • Place of marriage
  • Date of marriage.

3. Part 3 – Jurisdiction page, incomplete and incorrect.

4. Part 4 – Other proceedings or arrangements, incomplete.

5. Part 5 -The facts

  • Grounds at part 5 do not match statement of case at part 6
  • Two grounds selected.

6. Part 6 – Statement of case, insufficient detail or incomplete.

7.  No marriage certificate received

  • No original marriage certificate enclosed
  • No translation of marriage certificate
  • Only photocopy of marriage certificate enclosed.

8. No certificate of reconciliation received from solicitor.

9. No fee remission contribution received.

10. Part 9 – Service details

  • Not complete.
  • No address for service for all parties.

We offer a fixed fee initial consultation for family matters. If you require assistance with drafting a divorce petition, please contact James Belderbos on 01664 498 999 or book your fixed fee consultation here.

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