Commencing divorce proceedings and drafting the petition
Commencing divorce proceedings and drafting the petition

The following Family practice note provides comprehensive and up to date legal information covering:

  • Commencing divorce proceedings and drafting the petition
  • The parties
  • Third parties
  • Improper association
  • Persons who are a child or protected person
  • Where to start proceedings
  • Online divorce service
  • Jurisdiction
  • Previous petition on file
  • Names of parties
  • More...

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Notes: Brexit and family law , What does IP completion day mean for family law? and Brexit—jurisdiction and family proceedings.

Family proceedings are governed by the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955. The rules relating to divorce proceedings are to be found in FPR 2010, SI 2010/2955, Pt 7 and the supplemental PD 7A.

Where the divorce is proceeding online FPR 2010, PD 41A will also apply. FPR 2010, PD 41A sets out the types of applications that may proceed by electronic means, the steps that may be taken by the parties and the relationship between FPR 2010, particularly FPR 2010, SI 2010/2955, Pt 7 and FPR 2010, PD 7A and FPR 2010, PD 41A and the modifications to the procedure.

FPR 2010 introduced a change in the terminology in divorce proceedings. There are, however, some inconsistencies between the terminology used in the rules, which use the new terms, and

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