Q&As

Is it possible to amend a petition relying on desertion to one that relies on unreasonable behaviour?

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Published on LexisPSL on 08/01/2018

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

  • Is it possible to amend a petition relying on desertion to one that relies on unreasonable behaviour?

Is it possible to amend a petition relying on desertion to one that relies on unreasonable behaviour?

Where it is necessary in some way to amend an application for divorce, there are distinctions to be drawn between a further petition, an amended petition and a supplemental petition. A summary of available applications is to be found in Family Procedure Rules 2010 (FPR 2010), SI 2010/2955 and PD 7A, para 5A.1.

An amended petition might be used to add or amend particulars, allegations or acts which arose before the date of the petition, or to make alterations and additions not connected with the allegations (including, for example, substituting a prayer for divorce instead of judicial separation or stating the birth of a child after the date of the petition).

A supplemental petition might be used to add or amend particulars, allegations or acts which occurred after the date of the original petition. A supplemental petition forms part of the original petition and effects an amendment to it.

A further (or second) petition may only be presented

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