Lecture notes
Family law lpc notes
- Module
- Law
- Institution
- University Of Westminster (UOW)
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Divorce is a paper exercise or online Legal Help is possibly available
All matters arising out of the divorce should be dealt with on 1 Controlled Work form
Can put c/o solicitor’s address as the business address for the documents to be sent to
(section 2.9 of petition).
Procedure
Application begins by filing petition at the appropriate divorce centre together with copies
for all other parties, marriage/civil partnership certificate, reconciliation statement (if a
solicitor acting), court fee or application for fee remission (help with fees)
Documents served on respondent/co-respondent:
- Copy petition
- Notice of proceedings
- Acknowledgment of service
Under FPR 6.5 – service is by the applicant or the court if the applicant requests this (FPR
6.8)
Usually by post or DX if the solicitor is acting for respondent
In accordance with FPR 6.13(2), the documents must be served at the respondent’s
usual/last known address
The court will inform the petitioner of the issue (& of non-service if needed)
Respondent acknowledges service by returning the Acknowledgment of service form to
the court and must return within 7 days of service indicating no intention to defend or
gives notice of intention to defend
Court sends a copy of the Acknowledgment of service to the petitioner
Petitioner lodges application for decree nisi (Form D84) at court (as per FPR 7.19) with a
statement in support of the petition (with exhibits) (FPR 7.19(4)).
The district judge considers the papers & if satisfied served, undefended and consent given
(where necessary) certifies that a decree is entitled to (certificate of entitlement) (FPR
7.20(2) & (6)).
The court sends the District Judge’s certificate of entitlement and date of decree nisi
pronouncement to both parties
Decree nisi pronounced & copy sent to parties
The petitioner applies for decree absolute after 6 weeks gap (s1(5) MCA 1973 as amended)
Respondent may apply 3 months thereafter
Court sends decree absolute to petitioner and respondent
Divorce documents
Marriage certificate – original or certified copy & if foreign, should be accompanied by a
valid translation
Statement of reconciliation (D6 form) completed if a solicitor is acting for petitioner
Application for Help with Court Fees – person who has to pay fees completes EX160
form, no particular evidence has to be filed with; the court checks benefits & may ask
the applicant for proof of income.
, Must pass disposable capital test and gross monthly income test (see keycard SGS 1) to
be eligible for fee remission.
Disposable income limits and capital limits may be waived if seeking an injunction in
domestic abuse but requirement to pay contributions will not be waived.
Acknowledgement of Service (AoS)
Court supplies this & explanatory notice of proceedings to respondent
Acknowledgment of service may be signed by the solicitor if they are acting on behalf of
respondent (FPR 7.12(3)(a)).
Must ensure that it is signed by the respondent personally (FPR 7.12 (5) & (6)) if adultery
committed or giving consent to a divorce after 2 years separation
AoS must be returned to the court within 7 days after service of the petition & supporting
documents
If the respondent defends the proceedings, he will indicate this on AoS which is treated as a
notice of intention to defend (can still defend even if not indicated – FPR 7.12(10)).
He also needs to file an Answer within 28 days from the day of service of the petition (FPR
7.12 (8)) if he wishes to oppose a grant of decree or dispute facts/particulars of the petition
Application for decree nisi/conditional order
Standard form for undefended divorces
Can apply for decree nisi in defended divorces but there needs to be case management
hearing in court so judge can discuss whether to grant or not
Under FPR 7.19(1), directions cannot be given until 7 days after the service of the petition
OR if notice of intention to defend was given (indicated on AoS) that the 28 day period for
filing an answer has passed
District Judge checks that the petition was served, the time limits have expired & the correct
statement supporting petition is filed with the request & contains any corroborative
evidence needed
If District Judge isn’t satisfied, he may request further information in accordance with FPR
7.20(2)(b)(i) & 7.20(5).
Statement in support of petition (lodged with application for decree nisi)
Standard statement for each fact (D80A – adultery, D80B – behaviour, D80D – 2 year
separation with consent)
Confirms by statement of truth that the petition is true
Allows for any minor alterations or additions to be made to be petition (FPR 7.19(3) & (4)(a))
but any substantial change might need a supplemental petition or an amendment to the
petition.
AoS returned – petitioner has to identify the respondent’s signature on this so a copy will be
exhibited
Reconfirm costs wanted
If petition asks for “costs should it become undefended” – abandon the request for costs
Petitioner may want to omit their address i.e. if violence involved – file C8 form
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