Does It Really Matter What I Say In My Divorce Petition?
In her latest blog Timms Family Law Solicitor, Jessica Barnett discusses “Does It Really Matter What I Say In My Divorce Petition?”
With the vast majority of divorces now being dealt with online, many separating couples are dealing with divorces themselves or via non-traditional organisations rather than lawyers.
A recent case has shown the pitfalls that this can have.
The Pitfalls of Using Non-Traditional Organisations Over Lawyers
Recently the Family Courts have dismissed a total of 28 divorce petitions which have all included identical sets of circumstances. When you make an application to the Court based on your spouse’s ‘unreasonable behaviour’ the Court requires you to provide details of that behaviour.
It appears that a company called ‘iDivorces’ (who are not regulated by the Solicitors Regulation Authority) has used the same set (over 145 words) of details for a large number of clients.
Mr. Justice Moor has found it to be ‘quite impossible’ for all of the respondents to have acted identically in these petitions. The Court also considered whether this led to perverting the course of justice, and has in any event, led to a huge delay for the couples involved. The Court dismissed the 28 petitions. They will need to be written afresh and resubmitted.
You can read all about the case here.
Does It Matter What I Say In My Divorce Petition?
In short, it really does matter what you say in your divorce petition. You should ensure that everything within your petition is truthful and correct before submitting it to the court.
Where the only available route for your divorce is an ‘unreasonable behaviour’ petition, it can sometimes be difficult to balance the specifics of a case, and a particular family’s circumstances, with respect for the feelings of your spouse. Often people will want to avoid setting out details that may upset their spouse unnecessarily. However, you should avoid using generic, generalised phrases.
A family lawyer will be able to guide you through this.
If you are considering divorce and are unsure of the process or the options available, we are happy to help. You can contact us via 0800 011 6666 or email me at j.barnett@timms-law.com.
October 2021