With the growing number of individuals making their own divorce applications without the help of a solicitor comes the increased likelihood of mistakes being made. When a divorce application is submitted, there are certain facts that must be considered before your application can be granted. So why might the court reject your divorce application? Read our article to find out.
With the growing number of individuals making their own divorce applications without the help of a solicitor comes the increased likelihood of mistakes being made. When a divorce application is submitted, there are certain facts that must be considered before your application can be granted. So why might the court reject your divorce application? Read our article to find out.
If you have a family law issue and you require legal advice to understand your options, contact specialist family law solicitor Naheed Taj. Naheed is a highly acclaimed family solicitor with a successful track record in dealing with complex and challenging family law, divorce, and child cases.
What are the reasons the court might refuse a divorce application?
A recent survey by Resolution has shown that around 40% of divorce petitions are not completely properly and are returned by the court to the applicant for revision. This leads to delays for the divorcing parties, a longer wait for the allocation of court dates, and frustration for all concerned.
There are many reasons a divorce application may be rejected. Here are the most common:
- If you have been married for less than a year, you cannot apply for a divorce even if the relationship has broken down. You will have to wait 12 months from the date of the wedding, or alternatively apply for an annulment or judicial separation if that applies to your circumstances.
- Incorrect addresses given – it is important to put the last address you lived together, even if neither of you live there at the time of completing the application. As part of this section, it is also essential to accurately complete the jurisdiction of the court.
- The jurisdiction is the country you wish to deal with your divorce. The courts in England and Wales can only deal with divorce applications that have relevant jurisdiction. This means you must have a connection to the country in which you wish to divorce. In order to divorce in England and Wales, you or your spouse must have one of the following connections: habitual residence, domicile, nationality or if the marriage took place in England and Wales. If in doubt, read notes accompanying the divorce application for an explanation as to how to properly complete this section.
- For the divorce to be granted, your marriage must be legally recognised in England and Wales. This circumstance is rarer, but it could happen if you were married overseas and the person conducting the ceremony did not certify the marriage according to local laws. In addition, some religious ceremonies are not recognised by the law. Here, it is important to obtain legal advice on the best action to take.
- No court fee enclosed – this must be paid at the time of submitting the application if applying online or directly at a court office. If you are eligible for a fee exemption or reduction, then you must include a completed Form EX160, it is too late to claim a refund once the divorce application has been issued.
- Proof of name change – if you have changed your name since you got married and if it is different to that on your marriage certificate, then this should be evidenced.
- Details of the marriage are incorrect – it is extremely important the enter the details exactly as they appear on the marriage certificate, down to whether the date is written in numbers or letters. Any discrepancy between the marriage certificate and the application will result in it being rejected.
- No marriage certificate included, or a photocopy (not certified copy) is included. All divorce applications must include either the original marriage certificate, or a certified copy. If you were married abroad and your marriage certificate is not written in English, you will need to provide a translation that has been certified by a notary public, or is supported by a statement of truth and verified by a translator. If you cannot find your marriage certificate, and were married in England or Wales, you can obtain a copy from the General Register Office website.
- No addresses given for all parties – if the address for one party is not known, the court will reject the application because it cannot be served on the respondent. If you don’t know your ex’s address, there are other steps that should be taken. The respondent’s address for service should be the same across the application; if multiple addresses are given, it will be rejected.
- Not referring to any other proceedings – you must enter whether there have been any other proceedings in the court in England and Wales or elsewhere relating to the marriage or the family.
- Application has not been signed and/or dated.
Can my ex contest the divorce proceedings?
Once the divorce application has been approved by the court and issued to the respondent, in almost all cases, it is not possible to contest it. However, some very limited circumstances remain where it may be possible to dispute the divorce if the courts in England or Wales do not have the jurisdiction to handle the case. This is why it is so important to ensure the matter of jurisdiction is completed accurately on the application form.
Have you decided whether you will submit a joint or sole application?
When you submit your divorce application, you need to decide whether you want to make a joint or sole application. If you submit a sole application, your ex will still be notified and will have to respond to it, but if you submit jointly, you both have command of the proceedings equally. If you are eligible for a remittance of your court fees, you both need to be eligible if you are submitting a joint application. In this case, you may decide that the application should be a sole one instead in order to get money off the court fees.
As we have established in this article, problems can arise when forms are incorrectly completed. Whilst it is increasingly common to apply for divorce on a do-it-yourself basis, obtaining advice from a specialist family lawyer will ensure that the application and other documents are properly completed and that you receive the correct legal advice tailored to your circumstances. Although the court office staff can help, they cannot give you legal advice on your rights or how to correctly complete the divorce documents.
Find The Best Divorce & Family Lawyers Near You
We independently review and list the top divorce lawyers and family solicitors in the towns and cities near you. 100% free.
The information on this website is to be considered a guide and is therefore not legal advice. You use this information with the understanding that Wiselaw does not accept liability for any direct or indirect losses as a result of anyone relying on or acting upon the information on this website. Whilst we endeavour to provide accurate information, Wiselaw does not accept liability for any errors or omissions on this website.
