New Divorce Petition 2017

On 7th August 2017 a new divorce petition came into use. Compulsory from 4 September, the form is designed to make the legal process more user friendly. It does remove most of the legal jargon, has more tick boxes and the guidance notes are now included in the form rather than a separate document.

However, the new form has been criticised for asking the Petitioner alleging adultery to name the person who their spouse has committed adultery with. The courts position on naming a co-respondent has not changed – they positively discourage it because naming a co-respondent means they have to be served with a copy of the petition and have to reply which can increase costs and time. Whilst the divorce petition has always allowed for a co-respondent to be named the new form includes a box asking for their details causing petitioners to believe that it should be completed.

Some parts of the form are much simpler to understand but the section about financial orders is still likely to cause confusion. Parties completing the petition themselves found it difficult and it caused hostility from Respondents who presumed that their estranged spouse was claiming all of the financial orders, made worse when they may already have a settlement agreed. Further details can be found here 

Whilst forms can be simplified the law and legal process remains the same and is still a minefield for those without representation.

If you need advice regarding a divorce, please feel free to contact me on 01530 564498 or at a.wilding@timms-law.com