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Divorce Papers

There are several papers you need to start a divorce:

the divorce petition,
your marriage certificate and
if there are children a statement of arrangements for children.

The Divorce Petition

The main document necessary to start a divorce is the divorce “petition”, the application. There is no form for it, but the law sets out what it needs to say. The court service produce their own form, but most solicitors have their own precedents.

Paragraphs 1 to 10 (or 11 if the divorce relies on five years’ separation) are simply giving information and must be correct. Paragraph 3 sets out on what basis the court has jurisdiction.

Paragraph 11 (or 12) sets out the fact relied on, followed by the particulars. If you receive a divorce petition from your former spouse, please consider that the allegations set out here are not directly relevant for any issues on finances. You should discuss with a solicitor whether you are able to agree to the divorce even if you think the allegations are wrong or exaggerated.

The petition ends with a section which begins “the petitioner therefore prays”. This almost always incorporates a request for all of the financial claims which are available. This is standard practice and does not necessarily mean that the person who starts the divorce wants to pursue these claims. Even if there is an understanding that neither should have a financial claim against the other, the claims must first be made so the court can then dismiss them (and prevent them from being made later). This is another example of the archaic court procedure.

The court will only deal with financial claims if either party starts separate financial proceedings, which are tagged on (ancillary) to the divorce.

There is also a claim for costs. This only relates to the costs of the divorce itself, not of any other issues, such as a financial claim. In most cases the court will order the other party to pay costs if the divorce relies on adultery, behaviour or desertion, but not if it relies on two or five years’ separation.

Marriage Certificate

You will need your marriage certificate to start a divorce. If you do not have it any more, you can get a copy from the Register Office where you married or from the General Register Office. You can do this online once you have registered or over the telephone. There is a separate fee for an expedited service. You can ask the General Register Office to send the new marriage certificate directly to your solicitor.

The court will keep the marriage certificate. If you think you may need it later, you should get another one.

You cannot send a photocopy to the court, they need the original, although in some urgent cases you can deliver this later. You should talk to your solicitor if you have difficulties getting hold of your marriage certificate.

If you married abroad and the marriage certificate is in a foreign language, you will need to get a certified translation. This can be expensive.

In some countries you can get a multi-lingual marriage certificate from the place where you registered. This looks a little bit like an EU Passport, often with numbered boxes and the description for each number on the back of the page in many languages. There is an example here.

The Statement of Arrangements for Children

When the divorce law was made, the judge had to decide where the children should live. This is no longer the case and if there is no dispute, the court will almost certainly make no order.

Nevertheless, the person starting the divorce needs to complete a form about the arrangements for the children. You can find a copy of the form on the Courts Service website here.

You should try to agree this document with your spouse before you start the divorce unless this is not possible or inappropriate. There is no penalty for not doing so.

It is important to get the form right because if there should later be a dispute about the arrangements for children, it could be referred to.

There is one other document, which your solicitor needs to draft if you have one, showing whether or not they have advised you about reconciliation. It has no discernable function.

For advice on your specific circumstances contact Alternative Family Law: ring or email us.

October 2010

Alternative Family Law

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