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04 June 2010
Issue: 7397 / Categories: Case law , Judicial line , In Court
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Supplemental petitions

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I just cannot make out when a supplemental divorce petition is and is not appropriate...

I just cannot make out when a supplemental divorce petition is and is not appropriate. Am I right in thinking that it can be used where fresh adultery follows the original petition or there are acts of unreasonable behaviour subsequent to the original petition? Can it be used where two years’ separation has expired only after the original petition was presented and the petitioner wishes to rely on s 1(2)(d) of the Matrimonial Causes Act 1973?

A supplemental petition speaks to matters which arose after the presentation of the original petition and so it is certainly the correct means by which to plead allegations of acts of adultery or unreasonable behaviour which have taken place after proceedings were started.

It also has the advantage of attracting a lower court fee than a fresh petition (unless it is a second petition presented with leave of the court). However, a fresh petition is required where two years’ separation with consent are sought

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