Common reasons for returned applications

Common reasons for returned applications

Below are the common reasons for returned applications when parties try and draft their own divorce petitions

6 out of 10 divorce petitions contain errors and are returned by courts.

The Ministry of Justice report states that in general, cases where both parties or just the respondent had legal representation, took longer than cases where both parties or just the applicant had no legal adviser.

Top 10 reasons for divorce papers being returned:

  1. No fee enclosed
  2. Details of marriage incorrect
    – Names do not match marriage certificate
    – Place of marriage
    – Date of marriage
  3. Jurisdiction page incomplete and incorrect
  4. Other proceedings or arrangements incomplete
  5. The facts
    – Grounds at part 5 do not match statement of case at part 6
    – Two grounds selected
  6. Statement of case, insufficient detail or incomplete
  7. The marriage certificate with the petition
    – No original certificate enclosed
    – No translation of certificate
    – Only a photocopy of certificate enclosed
  8. No certificate of reconciliation received from the solicitor
  9. No fee remission contribution received
  10. Service details
    – Not complete
    – No address for service for all parties


New Divorce Petition

1. When Can a Divorce Petition be Issued?

 2. Will my Marriage Certificate be Required?

3. On What Ground can a Divorce Petition be Issued?

4. Does the Basis of the Divorce Have to be Agreed?

5. What Information Does the Divorce Petition Contain?

6. Will I Need to Attend Court?

7. Are The Divorce Proceedings Held in Public?

8. When are Financial Issues Dealt With?

9. When Will I be Able to Remarry?

10. Timetable

10.1 Issue of the Petition

10.2 What Happens Next?

10.3 What Must the Respondent do Once He/She Receives the Divorce Papers?

10.4. What Happens if the Respondent Wishes to Defend the Divorce?

10.5. What Happens Where the Respondent Agrees That the Court Has Jurisdiction and Does Not Wish to Defend the Divorce?

10.6. What Happens if No Acknowledgement of Service is Returned to the Court Within the Time Limit?

10.7. How Does the Court Deal With the Petitioner’s Application For a Date For Pronouncement of the Decree Nisi?

10.8. When Can the Petitioner Apply for the Decree Absolute?

10.9. Can the Respondent Apply for the Decree Absolute?

Common reasons for returned applications was last modified: May 29th, 2019 by Carol Sullivan

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