How to complete the Divorce Petition - Adultery petition

Depending on the fact upon which you are going to rely upon will dictate which divorce petition you will need to use.

Divorce Petition notes for Guidance – you should not cross out any of the paragraphs numbered 1 to 13. All five divorce petitions are completed in the same manner, save unless otherwise confirmed here: -

A       Adultery petition

You need to obtain the original or certified copy marriage certificate in order to complete this part of the divorce petition and you should be aware that you will not receive the return of the marriage certificate which will be sent to the Court and kept. You must explain any differences between the information given in your divorce petition and that contained on your marriage certificate. If either you or your spouse have changed your names since the marriage took place, you must explain how the name was changed, be it by deed poll or otherwise.

Note 1 – You will need to provide the date upon which you were married, your full name (you as the Petitioner), the full name of your spouse (known as the Respondent), the exact details of where you were married. You should write the information exactly as it appears on your marriage certificate after the words “Marriage solemnised at”. A copy of a marriage certificate has been reproduced for your assistance.

At paragraph 1(a) the Petitioner must show either that their name has remained unchanged since the date of the marriage or should show the change made and how it was made e.g. by retained maiden name.

At paragraph 1 (b) you will need to state if you believe your spouse has made any change to their name since the marriage.

Note 2 –   You will need to state the last address at which you and your spouse lived together with each other.

Note 3 – You will need to say why the Court has jurisdiction to deal with your divorce, by saying one of the following: -

1)       The Petitioner and the Respondent are both habitually resident in England and Wales

2)       The Petitioner and the Respondent were last habitually resident in England and Wales and the (Petitioner) or (Respondent) still resides there (delete as appropriate)

3)       The Respondent is habitually resident in England and Wales

4)       The Petitioner is habitually resident in England and Wales and has resided there for at least one year immediately prior to the presentation of the petition

5)       The Petitioner is domiciled and habitually resident in England and Wales and has resided there for at least immediately prior to the presentation of the petition

6)       The Petitioner and the Respondent are both domiciled in England and Wales
*If none of the above apply to you, you cannot use Tier One of the Breeze and Wyles Family Package and you should consult a solicitor.

Note 4 -   You will need to provide details of yours and your spouse’s occupation and yours and your spouse’s current addresses of yourself.

Note 5 – If there are no children of the family cross out the word “except”. In the event that there are children of the family you will need state the following: -

a)       Their full names.
b)       Their date of birth or if over 18 say that they are over 18 years of age.
c)       If they are over 16 but under 18, state if they are at school or college, or training for a trade or vocation or working full time.

* If you have children you will need to complete the supplemental form known as Statement of Arrangements for Children.

Note 6 -  If you, as the Petitioner, are the husband and no child other than a child of the family has been born during your marriage, cross out the word Petitioner. If you are the wife and you are the Petitioner, cross out the word Respondent.

Note 7 – If there have not been any proceedings relating to your marriage, or any child of the family, or any property belonging to either of you, cross out the word “except”. If there have been proceedings, you will need to provide the following details: -

a)       details of the Court in which such proceedings took place;
b)       details of any Order made;
c)       whether such proceedings were in relation to your marriage to the Respondent;
d)       whether you resumed cohabitation for any period thereafter.

Note 8 –  You will need to confirm whether there have been any proceedings in relation to the Child Support Agency regarding maintenance for any child of the family. If there has not, cross out the word “except”. If there have been, you will need to provide details of any application to the Child Support Agency and details of any calculation made.

Note 9 – You will need to confirm whether there have been any proceedings in a Court outside England and Wales which could affect your marriage. If not you will need to cross out the word “except”. If there have been any proceedings you will need to provide the following: -

a)       the name of the country and Court in which the proceedings took place, or are taking place;
b)       details of any Order made;
c)       when the proceedings took place and whether they are still continuing;
d)       if they are still continuing, you will need to provide details of any further hearings that you are aware of at the time of filing the petition;

Note 10 – There is nothing to add in this note.

Note 11 – In relation to the Adultery, it is not necessary to name a third party and certainly this is not encouraged, as it simply serves to increase hostility between the parties and you would also have to serve the named third party with the paperwork. Therefore this paragraph should in all cases be deleted.

Note 12– As far as you can, set out the details of the alleged adultery. For example: -

1)       The Respondent has committed adultery with a man/woman and the Petitioner finds it intolerable to live with the Respondent.
2)       The Respondent has committed adultery with a person whose name and identity is known to the Petitioner but whom the Petitioner does not wish to name at this stage, and such adultery continues
3)       On or about [DATE] the Respondent conducted a relationship with another person of the opposite sex and such adultery continues    

Note 13 - If you are going to ask the Respondent to contribute to your costs, you can do so within this paragraph. You may wish to avoid requesting a contribution to your costs if you are doing the divorce yourself under Tier One. If you do not wish to claim any costs from the Respondent delete the paragraph completely.

Note 14 – If you are a man state “he”. If you are a woman state “she”. If you wish to apply for any of the Orders listed on behalf of yourself or on behalf of the children of the family, do not delete any of these Orders. If you are unsure as to what to delete, you should seek legal advice. If you cross out any of the Orders and you later change your mind, you will not be able to apply for ancillary relief (full financial provision from your spouse) without the Court’s permission. Such permission cannot be granted if you as the Petitioner have remarried.

Note 15 – You will need to sign the petition.

Note 16 – You will need to place your spouse’s name and address, where you believe they currently reside, in order for the Court to serve the petition upon them. Cross out “Co-Respondent” if you are not serving a copy of the same upon the Co-Respondent. (See Note 11)

Note 17– You will need to place your address where the Court can serve you with confirmation that the divorce petition has been posted to the Respondent. Finally you will need to date the petition.

Note 18 – you should date the divorce petition in the following format:
Dated this third day of September 2006

Note 19 – You need to enter the address of the Court in which you are going to issue the divorce petition.

There is a back page to the divorce petition, which should also be completed with details of the Court in which you are going to issue the petition and setting out your name confirming that it is your petition.     

You will need to apply for an exemption from the Court fee if you cannot afford to pay the Court fee, as explained below but you will need to provide an extra copy if you are serving a Co-Respondent.

.