The Family Procedure (Amendment No. 2) Rules 2017 were announced on 17th July 2017 and a number of rule changes came into force on 7th August 2017. The changes are accompanied by the introduction of new divorce petition, which is also being used from 7th August 2017. As of 4th September 2017, the old petition will not be accepted by the Courts.
The re-design has the interest of litigants-in-person (an individual that has rights of audience (the right to address the court) and does not have legal representation) in mind and the form is now much more user friendly and contains a lot more guidance for the parties.
Family Procedure (Amendment No. 2) Rules 2017
The Key Differences
- For some time petitioners have been permitted to issue divorce proceedings without the original marriage or civil partnership certificate on the basis that the original or a certified copy is provided at a later date (almost always before the first decree, with an undertaking to do so). This can only be done with the permission of the court. The new petition seems to indicate that an application for permission will now always be required. Petitioners who issue divorce proceedings without a marriage or civil partnership certificate will now have to complete a ‘Notice of Application’ requesting permission from the Court. This will include a separate fee of £155.
- More attention and evidence is now required in relation to the parties’ names used in the petition. For example, the petitioner must explain why their name in the petition does not match either their married name or the name on their marriage or civil partnership certificate. A change of name deed or statutory declaration may need to be enclosed to the petition as evidence of the petitioner’s name.
- The new petition makes it easier for petitioners to keep their contact details confidential. Also, if the respondent has explicitly given an alternative address for service or has instructed solicitors, those details can now be inserted in the new petition.
- The new petition now requires the petitioner or their legal representative to sign a statement of truth. This may see a shift in practice away from practitioners being able to sign the petitions which contain statements of fact to which they may not be able to attest.
If you require advice in relation to the issue of divorce proceedings, please contact a member of Nelsons’ Family Law team on 0800 024 1976 or via our online form.