Q&As

Where a divorce petition has been issued, and the petitioner proceeding slowly, can a fresh petition be issued by the respondent to the first petition without leave? Family Procedure Rules 2010, 7.14 suggests leave is needed, but the Red Book seems suggests otherwise.

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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk
Published on: 23 May 2017
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If The petitioner is dragging their heels in proceeding with their Divorce Petition once it has been issued, there are a number of steps that can be taken by the Respondent in an attempt to speed the process up.

The respondent can seek to issue their own petition. Section 1 of the Matrimonial Causes Act 1973 (MCA 1973) states that, provided one year has passed since the date of the marriage, a petition for Divorce may be presented to the court by either party to marriage on the ground that the marriage has broken down irretrievably.

If the respondent chooses to file their own petition within the same proceedings, the Family

Katherine Illsley
Katherine Illsley

4 King’s Bench Walk

Katherine’s family practice covers matrimonial finance, TOLATA, Schedule 1, and private law children proceedings. She has experience acting for local authorities, guardians and parents in public law children cases, including in cases involving allegations of non-accidental injuries.

Katherine also is regularly instructed in housing and property work, and due to the frequent crossover with family law has a particular interest in cases involving trusts.

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Divorce definition
What does Divorce mean?

The bringing to an end of a valid marriage between a man and a woman

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