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

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law announces partner promotion and new hires amid a record year for enquiries

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis wills and probate team extends reach with two appointments

Withers—Sophie Barrett-Brown

Withers—Sophie Barrett-Brown

Withers drives further growth in its UK immigration team with new partner Sophie Barrett-Brown

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
back-to-top-scroll