Q&As

Is it possible to amend a divorce petition relying on two years separation to one relying on five years separation where the period of separation was completed after the date of the original petition?

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Published on LexisPSL on 26/05/2017

The following Family Q&A provides comprehensive and up to date legal information covering:

  • Is it possible to amend a divorce petition relying on two years separation to one relying on five years separation where the period of separation was completed after the date of the original petition?

Is it possible to amend a divorce petition relying on two years separation to one relying on five years separation where the period of separation was completed after the date of the original petition?

The Family Procedure Rules 2010, SI 2010/2955 provide that, unless an application has been made under FPR 2010, SI 2010/2955, 7.19(1) (for the court to consider the making of a decree nisi) a party making an application for a matrimonial order may amend the petition at any time before an answer has been filed and may make a supplemental application at any time before an answer has been filed (FPR 2010, SI 2010/2955, 7.13(2), (3)). In a case where an answer has been filed or an application has been made for decree nisi an amended petition may not be filed except with the written consent of all the other parties or with the permission of the court (FPR 2010, SI 2010/2955, 7.13(5)).

However, note that while an amended petition might be used to add or amend particulars, allegations or acts which occurred before the date of the petition, or to make alterations and

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