Resolution have circulated the top 10 reasons divorce petitions are being returned. Her Majesty’s Court and Tribunal Service (HMCTS) revealed last year that, since the move from courts to Divorce Centres, approximately 40% of petitions are being returned due to drafting errors.
In April 2016 Bury St Edmunds Divorce Centre put together the top ten reasons why divorce petitions are being returned, circulated by Resolution to its members. It is hoped that this will provide some guidance as to where the potential errors occur, and therefore a warning to practicing solicitors and litigants in person as to what to avoid when drafting petitions to ensure minimal delays in proceedings.
The 10 main reasons for returning petitions are:
Drafting errors and failing to enclose the correct documentation can cause delays in the process. Petitions are now being sent to Divorce Centres, such as Bury St Edmunds in Suffolk, which is now processing huge numbers of petitions each day, it can therefore take several weeks for a sealed petition to be returned. Errors such as the ones listed above can cause the process to take months, as documents will need to be returned and re-submitted.