THE DIVORCE PETITION - Law Made Simple

Despite the traditional ideology that the covenant of marriage is only severed through death, couples have the authority under the law to dissolve their union on the ground that the marriage has broken down irretrievably. Therefore, for those couples seeking to dissolve their marriage, the law permits them to do so by filing a divorce petition. This article will delve into exactly what this petition entails and what is required to file the petition.

ON WHAT GROUND CAN YOU GET A DIVORCE?

Under s. 3 of the Matrimonial Proceedings and Property Act 1972, you can only file for divorce on the ground that the marriage has irretrievably broken down.

To establish that the marriage has irretrievably broken down, it must be proven per s. 4 of the Matrimonial Proceedings Act 1972 either that:

1. the respondent has committed adultery and the petitioner finds it intolerable to live with the respondent;

2. the respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with the respondent;

3. the respondent has deserted the petitioner for a continuous period of at least two years immediately preceding the presentation of the petition;

4. the parties to the marriage have lived apart for a continuous period of at least two years immediately preceding the presentation of the petition and the respondent consents to a decree being granted;

5. the parties to the marriage have lived apart for a continuous period of at least five years immediately preceding the presentation of the petition.

These are the only ways to prove the ground of irretrievable breakdown provided by the act.

STRUCTURE OF THE PETITION

The introductory paragraphs of the Petition would usually detail:

1. who the parties to the marriage are;

2. when the parties to the marriage became lawfully married;

3. where the marriage ceremony took place;

4. where was the last place the Petitioner lived and cohabitated with the Respondent;

5. where the parties are currently domiciled;

6. where and if the parties work;

7. whether there are any children born to the marriage;

8. whether there are any children born to the Petitioner;

9.whether there are any other proceedings in any Court in relation to the named child/children of the family;

10. that the marriage has irretrievably broken down and how the marriage has been irretrievably broken down.

The next section of the Petition breaks down the particulars of the marriage and will expound on why and how the marriage has irretrievably broken down.

The last section of the Petition stipulates what the Petitioner prays/ asks for. That is, for the marriage to be dissolved and also whether they would be asking for costs from the Respondent.

FORMS AND DOCUMENTS TO BE FILED ALONG WITH THE PETITION

Together with the Petition, there are other documents and forms in which the Petitioner must file through the Court's online portal.

These include:

1. Form 2 Statement of Arrangements for the child/ children;

2. Form 4 Certificate of Reconciliation;

3. Marriage Certificate;

4. Birth Certificate of the child/ children of the family;

5. Consent of the Respondent if applicable.

FORM 2 STATEMENT OF ARRANGEMENTS

This form lays out what arrangements are in place for any children of the family who will be affected by the dissolution of the marriage.

The information needed for this form include:

1. the name/s of the child/ children and their dates of birth;

2. with whom the child/children reside and where;

3. what schools they attend;

4. whether they suffer from any medical disabilities;

5. is the child under the care of any local authority;

6. the current access and custody arrangements in place for the parents;

7. the financial needs of the child/ children;

8. whether there are any existing court orders and agreements in respect to the child/children;

9. whether the Petitioner is seeking any orders from the Court in relation to custody, maintenance and access.

FORM 4 CERTIFICATE OF RECONCILIATION

This form is signed by the Petitioner's Attorney at Law.

It in essence confirms whether the Attorney has or has not discussed with the Petitioner the possibility of reconciling with the Respondent and whether they have provided the Petitioner with the names and addresses of persons qualified to help effect a reconciliation.

CONSENT

This is applicable where the reason for the marriage breaking down is as a result of two- year separation by consent.

The Petitioner and the Respondent would both sign this form to confirm that the divorce is being consented to by the Respondent and is filed separately from the Petition.