EFIS No.19/2005

March 2005

RANGE: DIVORCE

DIV1-Divorce Petition on the Grounds of Adultery

DIV1-Flexi-Divorce Petition on the Grounds of Adultery

DIV2-Divorce Petition on the Grounds of Unreasonable Behaviour

DIV2-Flexi-Divorce Petition on the Grounds of Unreasonable Behaviour

DIV3-Divorce Petition on the Grounds of Desertion

DIV3-Flexi-Divorce Petition on the Grounds of Desertion

DIV4-Divorce Petition on the Grounds of 2 Years Separation

DIV4-Flexi -Divorce Petition on the Grounds of 2 Years Separation

DIV5-Divorce Petition on the Grounds of 5 Years Separation

DIV5-Flexi-Divorce Petition on the Grounds of 5 Years Separation

DIV6-General Divorce Petition Form

DIV6-Flexi-General Divorce Petition Form

DIV_Notes1- Notes to Accompany Divorce forms 1-5

DIV_Notes2-Notes to Accompany Divorce form 6

EX160-Application for Fee Exemption or Remission

EX160(N)-Notes for EX160

The heading at the top of these Divorce Petitions has been amended by a Practice Direction to require the Petitioner and Respondent to provide their names which appeared on their marriage certificate or else specify the reasons why their names have changed since their marriage.

The Court Service has also substituted the reference to Article 2(1) of the Council Regulation with a reference to Article 3 (1). This is because a new Council Regulation 2201/2203 revoked and replaced Council Regulation 1347/2000 on 27th November 2003.

In addition, the notes which accompany DIV6 have been amended to refer to the Gender Recognition Act 2004 which provides legal recognition for transsexual people in their acquired gender on the issue of a full gender recognition certificate. More information can be found in the Family Proceedings (Amendment No. 3) Rules 2005 which will come into force on April 4th2005.

Practitioners should not use the amended Petitions forms enclosed on this disk before 4th April and should not use the current versions of forms DIV1-6 after 3rd April.

The Family Proceedings (Fees) (Amendment No. 2) Rules 2005 will come into force at the start of the new financial year on 6th April.

These Rules increase the amount below which an applicant is entitled to claim Working Family Credit from £14,600 to £15,050.

Since EX160 notes refer to this old figure of £14,600, we have amended it to refer to the new figure of £15,050.

Practitioners should only use the new set of notes to complete form EX160 on or after 6th April and not before this date when the old figure of £14,600 is applicable.

We have also taken this opportunity to make some minor amendments to form EX160, which are not connected with these latest changes to the notes and so can be used immediately on receipt of this notification.

Minor formatting issues have been made to the DIV94, DIV100 and DIV109, and are enclosed for your use and the DIV_E has had its fields amended on page 13 to accommodate 5 digit numbers, e.g. 50,000.00.

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