Solicitors unable to draft divorce petitions correctly

As an articled clerk in the 1970s, one of my first professional duties was to take instructions from clients for their divorce petition. I was given a crib sheet by my principal as to what I should ask of the client. I would take the details, prepare instructions to counsel and deliver them by hand, neatly tied together with pink ribbon, to an experienced divorce counsel who lived nearby. The draft petition would be returned to me within 48 hours, often stained by ketchup or egg, for counsel typed the draft petition over breakfast. He never made
a mistake.

Here we are in 2014 and there is to be centralisation of divorce work within circuits. In the North, it is to be in Liverpool.

The result of this drive will
be that all special procedure applications will be checked
by newly trained staff, the certificate of entitlement to a decree will be made by a legal advisor and the decree nisi pronounced by a district judge.

To assist this process district judges, together with HM Courts and Tribunal Services staff, recorded for a period of 28 days the time taken over the various steps within the divorce process, including noting whether or not the special procedure application was a first or second application and how long had been spent by the judges at each stage.

Judges up and down the country have been, and remain, frustrated at solicitors who cannot draft a petition correctly, particularly as the divorce petition form (D8) is supported by guidance notes which, if read, should ensure that no mistakes are made.

Mounting client costs

The failure to give the correct information will mean that more and more petitions are likely to be returned to solicitors for amendment, resulting in either unnecessary further
costs to the client, or solicitors carrying out the amendments unremunerated, resulting in frustrating delays for the client.

Part 1 of the guidance
notes assists – please do read
it, and do give the information requested, for that information is required by the Office for National Statistics, who record not only the type of petition, but the date of the marriage, the age of the parties at marriage, the status of the marriage, the dates of birth of the children if under 18 and the number of children.

Part 2 of form D8 says: ‘insert your name exactly as it appears on your marriage/civil partnership certificate’. Far too often, the wrong names are given and the petition has to be returned for amendment.

If there has been a change of name of either of the parties then supporting documents must be lodged with the petition (photocopies will not be accepted) and if no evidence is available then the petition will be returned to enable the omission to be rectified. If the details of the place at which
the marriage has taken place
are not as recorded on the certificate, the petition must
be returned for amendment.

Finally, there are a growing number of marriages abroad. If the certificate is not in English, you must provide a translation into English (or Welsh in a court in Wales). The translation should be certified by a notary public
or be authenticated by a statement of truth. If it is not, the petition will be returned for the omission to be rectified.

All these amendments will cause delay and the cost of the extra work has to be borne by somebody.

Avoid that by drafting the petition carefully. SJ

POCKET NOTES Ensure the full name of the petitioner and respondent in the petition matches those set out in the marriage/civil partnership certificate. When giving the place where the partnership/marriage was formed in the petition you should write the exact words contained in the certificate, including both printed and written words which come after the phrase ‘marriage solemnised at’ or ‘partnership formed at’. File original supporting documents, not photocopies. Ensure a certificate of translation is witnessed by a notary public or contains a statement of truth.

 

District Judge Nigel Law sits at Blackpool County Court