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 LexisPSL on 26/02/2020

The following Family Q&A produced in partnership with Nicholas Starks of St Ives Chambers provides comprehensive and up to date legal information covering:

  • 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?
  • Further/second petition
  • Supplemental petition and amended petitions

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?

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 The exception is if the petition had not been served, as it could simply be withdrawn (under FPR 2010, SI 2010/2955, 7.9) and no question of permission then arises.

Having two parallel sets of proceedings is unattractive and if an application for permission were to be made, the court would most likely want to consider whether the original petition could be dismissed or amended rather than the two petitions being heard together. If the first petition was withdrawn or dismissed, that

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