Although the process is straightforward, actually bringing yourself to apply for a divorce can be difficult. Admitting that your relationship has irretrievably broken down can be damaging not only to the couple involved, but to children, friends and family. To start divorce proceedings, you’ll need to fill in a divorce petition.
What is a Divorce Petition?
A divorce petition is the legal document that starts the process of a divorce. Known as a D8, the form is available online with detailed information on completion. Though it is possible to complete this process yourself, most divorcing couples prefer to consult a lawyer.
What Information Must I Include?
The information requested is quite simple – your full name and address, your partner’s full name and address (the respondent) and a copy of your marriage certificate. If you choose to name the person involved if the reason for a divorce is adultery (the co-respondent), they will also receive a copy of the petition.
What is the Petitioner’s ‘Prayer’?
Most of the information included in the petition is quite straightforward, relating to the reasons for divorce. However, the so-called petitioner’s ‘prayer’ deserves closer attention and you may wish to consult a lawyer to guide you through the wording.
Section 1 is straightforward: this is the legal wording asking for the marriage to be dissolved.
Section 2 deals with costs: in cases of adultery or unreasonable behaviour, the respondent will be ordered to pay costs, unless both parties come to a prior agreement.
Section 3 deals with the financial settlement: most lawyers advise petitioners to leave all the financial orders in place, even if only to be dismissed later by the court. If you want a quick divorce, you should discuss this part of the petition in advance with the respondent.
What if My Partner Doesn’t Respond?
Your partner has seven days to respond once the petition is served. This is done by the court but, if your partner does not respond and you wish the divorce to proceed as quickly as possible, you may wish to engage our services.
PROCESS SERVE UK will ensure these papers reach the respondent, so please contact us for more information.