New Divorce Petition 2017
Beverley Watkins has been looking at the new Divorce Petition which came into use on 7th August 2017.
The form has been improved and is definitely easier to use. You can now pay the Court fee by debit/credit card. If you indicate that you do wish to pay by debit/credit card the Court will call you between 9am and 4pm Monday to Friday using the contact details you provide. The form makes it clear that a photocopy of the Marriage Certificate is not sufficient. It also makes it clear that if you were married abroad and the Marriage Certificate is not in English that a certified translation is required. (A translation by the person seeking the divorce will not be sufficient.)
The form makes it clear that should you wish to keep your address confidential you can do this but must complete a separate Form C8. You can ask for the divorce papers to be sent to a business address rather than your home address.
Guidance to competing the form is now included in the form rather than at the end of the form which does make it easier to use.
Despite that fact that the Court positively discourages the naming of a Co-Respondent in adultery cases, the form still asks the name of the person who the spouse has committed adultery with. The layout of the form suggests that the Co-Respondent’s details should be provided when this is not the case.
Whilst the form has been simplified and it is more user friendly, the legal process for obtaining a divorce remains the same. Most people are likely to find it helpful and beneficial to seek early legal advice before commencing divorce proceedings.
If you need advice regarding a divorce, please do not hesitate to contact one of our family lawyers either Amie Calder, Victoria Shufflebottom, Sophie Warner, Victoria Hancock-Pritchard or Beverley Watkins.