Q&As

Where a divorce petition has already been issued, is it possible to file a second divorce petition in relation to the same marriage relying on adultery? Where a financial application in Form A has been issued in relation to the first petition, what would happen to those financial remedy proceedings where a second petition is filed?

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Produced in partnership with Nicholas Starks of St Ives Chambers
Published on: 26 February 2020
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Further/second petition

Further/second petitions are dealt with in Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 7.7, which provides that a person may not make more than one application for a matrimonial or civil partnership order in respect of the same marriage unless:

  1. •

    the first application has been dismissed or finally determined, or

  2. •

    the court gives permission

Save for one instance, this would mean that a petitioner cannot simply file a further/second petition; either leave would be required to do so or the first petition would first have to be dismissed. The exception is if the petition had not been served, as it could simply be withdrawn (under FPR 2010, SI 2010/2955, 7.9) and no question of permission

Nicholas Starks
Nicholas Starks chambers

St Ives Chambers

Nicholas is a senior junior counsel of over 20 years’ experience. He specialises in family financial provision, principally financial orders upon divorce but also claims under TLATA, IPFDA, sch 1 Children Act and Civil Partnership Act 2004. Nicholas frequently deals with high net worth claims, involving businesses, farming and overseas assets. Nicholas practices at all levels of the Court hierarchy and has been commended by the Court of Appeal for his 'lucid argument' (Kaur v Matharu [2010] EWCA Civ 930).

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Jurisdiction(s):
United Kingdom
Key definition:
Divorce petition definition
What does Divorce petition mean?

The initial court document by which an application is made for the divorce of spouses.

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