Family law organisation Resolution has published a list of the most common reasons for the return of divorce petitions.
When petitions are sent into the local centralised court for processing they must be correctly completed or they will be returned by the legal advisors who run the new more administrative system. Approximately 40 per cent of all petitions are returned for correction in this way, Her Majesty’s Court and Tribunals Service (HMCTS) announced in May last year.
According to Resolution, the top ten reasons for return are:
1/ Failure to enclose the required fee (£550).
2/ Incorrect details – names, place and date of marriage that do not match the marriage certificate.
3/ Incomplete or incorrect details of jurisdiction over the marriage.
4/ Incomplete details of related proceedings.
5/ A mismatch between the cited grounds for the divorce and the statement on the petition, or two grounds cited.
6/ An incomplete or insufficient statement of the couple’s case for divorce.
7/ Failure to include a copy of the marriage certificate; failure to include a translation, where required, of the certificate; or the enclosure of a photocopy only.
8/ No certificate of reconciliation where relevant.
9/ No court fee contribution for those entitled to a reduced fees – for example, people claiming benefits.
10/ No address details to allow the petition to be served on the other party where appropriate.
Resolution represents family lawyers across England and Wales interested in promoting a “non-confrontational approach to family law matters”.