Filing the divorce petition is the first step in the divorce procedure. The divorce petition is a form called -ËœForm D8'. The petitioner (the spouse applying for the divorce) must complete three divorce petitions; one for the court, one for the respondent (the other spouse), and one for the petitioner's records.
The divorce petition contains the details of both parties. These details include their names, addresses, and occupations. The divorce petition also contains certain details about the marriage, such as the date of the marriage, and the last address where the parties lived together as husband and wife. In addition, the details of any children from the marriage must be provided. The petitioner must provide details of any other court proceedings, concluded or on-going, that relate to the marriage, the parties' finances, or any children of the marriage.
The divorce petition must contain the petitioner's reasons or grounds for divorce. Under family law the reason must be one of five possible grounds for divorce. The first is adultery by the respondent. The court will require proof of the respondent's infidelity. The second is unreasonable behaviour by the respondent. There is no definition of -Ëœunreasonable behaviour' in family law. In order to obtain a divorce on the ground of unreasonable behaviour, the petitioner must show that the respondent has behaved in such a way that makes it unreasonable to expect the petitioner to continue living with them. A family solicitor will be able to advise their client on whether their spouse's behaviour is likely to be considered unreasonable by the court. The third ground for divorce is desertion. The respondent must have deserted the petitioner for two years or more, without the intention of returning to the marriage.
The third ground is separation for a period of two years. In order to rely on this ground, the petitioner must have the consent of the respondent to file for divorce. The fourth ground is separation for a period of five years. This ground can be used by the petitioner without the consent of the recipient. If the parties have children from the marriage under the age of 16, or over the age of 16 and still in full-time education, the petitioner must attach a -Ëœstatement of arrangements' to the divorce petition. This sets out the proposed living and contact arrangements for the children. A family solicitor can help to make sure this will be satisfactory to the court.
Ben Letham works for Contact Law, the UK's foremost legal brokerage company - finding the right divorce solicitors or family law solicitors for your needs.
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