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The Money and Divorce blog is brought to you by Intelligent Divorce, the new way to get fixed-fee specialist legal advice on splitting your money when you divorce.

Our blog provides illustrated practical guides for those going through the divorce process, plus news on divorce, money and family breakdown.

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6 June 2016

Top 10 reasons divorce petitions are returned as incorrect or incomplete

The most common reasons for divorce petitions being returned by Divorce Centres have been revealed by Resolution, the national association for family law solicitors, reports Family Law.

In May last year HMCTS said that the movement of work from courts to Divorce Centres highlighted significant issues with errors in the completion of applications for divorce petitions; nationally, broadly 40% of petitions had to be returned for correction. The HMCTS checklist issued at the time (14 April 2015) is available to download below.

The information, circulated to Resolution members, does not include numbers or what proportions of each are from solicitors but it does provide some useful guidance on potential pitfalls to be avoided when drafting petitions. Details of the information release are listed below:

The top 10 reasons for returning Divorce Petitions are:

  1. No fee enclosed
  2. Part 2 - Details of marriage, incorrect
    Names do not match marriage certificate
    Place of marriage
    Date of marriage
  3. Part 3 - Jurisdiction page, incomplete and incorrect
  4. Part 4 - Other proceedings or arrangements, incomplete
  5. Part 5 -The facts
    Grounds at part 5 do not match statement of case at part 6
    Two grounds selected
  6. Part 6 - Statement of case, insufficient detail or incomplete
  7. No marriage certificate received
    No original marriage certificate enclosed
    No translation of marriage certificate
    Only photocopy of marriage certificate enclosed
  8. No certificate of reconciliation received from solicitor
  9. No fee remission contribution received
  10. Part 9 – Service details
    Not complete
    No address for service for all parties

We hope anyone using our blogs showing you in detail, and with illustrations how to fill in the divorce forms (you’ll find the one on the divorce petition itself here) won’t have too many problems. If you’re using Intelligent Divorce’s co-operative service we will complete all the forms for you so you don't have to worry at all!