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.
Fewer people use lawyers for family law cases
The MoJ 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:
- No fee enclosed
- Details of marriage incorrect
– Names do not match marriage certificate
– Place of marriage
– Date of marriage
- Jurisdiction page incomplete and incorrect
- Other proceedings or arrangements incomplete
- The facts
– Grounds at part 5 do not match statement of case at part 6
– Two grounds selected
- Statement of case, insufficient detail or incomplete
- There is marriage certificate with the petition
– No original certificate enclosed
– No translation of certificate
– Only a photocopy of certificate enclosed
- No certificate of reconciliation received from solicitor
- No fee remission contribution received
- Service details
– Not complete
– No address for service for all parties
1. When Can a Divorce Petition be Issued?
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?