header-logo header-logo

04 June 2010
Issue: 7397 / Categories: Case law , Judicial line , In Court
printer mail-detail

Supplemental petitions

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
back-to-top-scroll