Divorce Petition for Two years Separation with your spouse’s consent

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 one year 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 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 or your marriage, 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 – Do not delete this paragraph

Note 11– Do not delete this paragraph

Note 12 –  If you have alleged two years separation you will need to state the dates of the separation, details of how the separation came about and confirm that since the original date of separation, you did not resume cohabitation.  If you did resume cohabitation, it must have been for less than 6 months.  If all short periods of cohabitation are added together they must not exceed 6 months otherwise you cannot utilise this ground.

Please also note that your spouse must consent to the divorce. The consent can be given at any stage usually indicated on the Acknowledgement of Service form. All the spouse has to do is answer “yes” to one of the standard questions and sign the form personally. Be aware that your spouse could inform the Court at any time before a Decree Nisi (the first part of the divorce) that he or she no longer consents or may wish to withdraw the consent: no reason is needed.  Be absolutely sure that your spouse is in agreement with such consent before you proceed on the basis of this divorce.

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. An explanation will follow as to what each of these Orders mean.

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.

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.      

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