ANNEX 1
A DIVORCE PETITION
WHAT IS IT ?
- The divorce Petition is a court document, signed by the Petitioner (your wife), that says she wants your marriage dissolved.
- The Petition names you and your wife and children and says where you live. It says when and where you married and if there are any other court proceedings. It gives your wife's grounds for divorce and says if she wants to seize property, income and other assets from you.
HER GROUNDS FOR DIVORCE
- The Petition will claim that your marriage has "broken down irretrievably" and that at least one of these 5 facts is true :
i) Adultery by you (and it is intolerable for her to live with you),
ii) Unreasonable behaviour by you,
iii) Desertion by you for 2 years (without her consent).
iv) Separation for 2 years (and you now agree to a divorce),
v) Separation for 5 years (but you do not agree to a divorce),
- The Petition will give details of what your wife claims you have done to justify her divorce.
- You should send an "Answer" to the Petition. This must get to the court office within 28 days and include the fee of £150. (Check that this is still the amount.)
- See the example of a Petition on the next page.
Before completing this form, read carefully the attached Notes for Guidance
In the LONDON FAMILY COURTCounty Court*
*Delete as
appropriate
In the Divorce Registry*No. LFC00493/2003
(1) On the 13day ofAugust 1989 the Petitioner
Mrs Linda Francis Osborne (nee Howard) was lawfully married to
Mr JohnMichaelOsbornehereinafter called the Respondent
atThe Church of Saint Aphrodite the Blessed, in the Parish of Edenway, in the County of London.
(2) The Petitioner and Respondent last lived together as husband and wife
atRose Cottage, Honeysuckle Lane, London NW2.
(3) The Petitioneris domiciled in England and Wales, and is by occupation
asocial worker
and resides atRose Cottage, Honeysuckle Lane, London NW2.
and the Respondent is by occupation aengineer
and resides atRose Cottage, Honeysuckle Lane, London NW2.
(4) There are no children of the family now living except
Christopher James Osborne(DOB 11.03.91)
Susan Josephine Osborne(DOB 24.12.93)
(5) No other child, now living, has been born to the Petitioner / Respondent during the marriage (so far as is known to the Petitioner)except
(6) There have been no other proceedings in any court in England and Wales or elsewhere with reference to the marriage (or to any child of the family) or between the Petitioner and Respondent with reference to any property of either or both of themexcept
(7) There have been no proceedings in the Child Support Agency with reference to the maintenance of any child of the family except
(8) There are no proceedings continuing in any country outside England or Wales which are in respect of the marriage or are capable of affecting its validity or subsistenceexcept
(9) (This paragraph to be completed only if the Petition is based on five years' separation.) No agreement or arrangement has been made or is proposed to be made between the parties for the support of the Petitioner / Respondent (and any child of the family) except
(10) The said marriage has broken down irretrievably.
(11) The Respondent has behaved unreasonably and the Petitioner finds it intolerable to live with the Respondent.
i) The Respondent has recently been drinking heavily. On 14 June 2003, he returned to the matrimonial home in an intoxicated state. He was abusive to the Petitioner and in the argument that followed struck her on the left arm causing a large bruise.
ii) The Respondent is aggressive and bullying towards the Petitioner even when he is not violent. He has frequently been abusive to her in front of the children and treats her dismissively in the company of friends and relatives.
iii) The Respondent has for many months refused to give the Petitioner adequate money for housekeeping, child care and other essential expenses. This has put an unreasonable financial burden on the Petitioner and she has had to obtain a loan from her parents.
iv) The Respondent has always failed to make any contribution to looking after the children. This has meant that the Petitioner has had to care for them entirely by herself in addition to her full time job. This has caused her great pressure and as a result she has been treated by her doctor for stress.
Prayer
The Petitioner therefore prays
(1) The suit
That the said marriage be dissolved.
(2) Costs
That the Respondent may be ordered to pay the costs of this suit.
(3) Ancillary Relief
That the Petitioner may be granted the following ancillary relief:
a)an order for maintenance pending suit
a periodical payments order
a secured provision order
a lump sum order
For the children:
b)a periodical payments order
a secured provision order
a lump sum order
c)a property adjustment order
SignedLinda Osborne
The names and addresses of the persons to be served with this Petition are:
Respondent: Mr John Osborne, Rose Cottage, Honeysuckle Lane, London NW2.
Co-respondent (adultery cases only):
The Petitioner's address for service is: Smith& Jones, Solicitors, High Street, Brent, London NW2.
Dated this13thday ofSeptember 2003
Address all communications for the court to: The Court Manager, London Family Court.