Do Your Own Divorce: A Practical Guide to Divorcing Without a Lawyer by John Bolch

Author:John Bolch
Language: eng
Format: mobi, pdf
Tags: Divorce & Separation, &NEW, Civil Law, England, Divorce, Law and legislation, General, Family & Relationships, Family Law, Wales, Law, Popular works, Practical Guides
ISBN: 9781845283551
Publisher: How To Books
Published: 2009-01-02T00:00:00+00:00

No. CA09D001

This petition is issued by Susan Henchard

(‘the petitioner’)

The other party to the marriage is Michael Henchard (‘the respondent’)

(1) On the 29th day of February 1987 Susan Henchard was lawfully married to Michael Henchard at the Register Office in the District of Casterbridge in the County of Wessex.

(1a) Since the date of the marriage the name of the petitioner has not changed.

(1b) The petitioner believes that since the date of the marriage the name of the respondent has not changed.

(2) The petitioner and respondent last lived together as husband and wife at 25 Dorset Road, Casterbridge, Wessex.

(3) The court has jurisdiction under Article 3(1) of the Council Regulation on the following grounds:

(4) The petitioner and the respondent are both habitually resident in England and Wales.

The petitioner is by occupation a learning support assistant and resides at 25 Dorset Road, Casterbridge, Wessex.

The respondent is by occupation a bank manager and resides at 10 Dorchester Road, Casterbridge, Wessex.

Appendix 1 · Example Documents 147

(5) There are no children of the family now living except James Henchard, who is over the age of 18 years; Lucy Henchard who was born on the 7th May 1991; and Lilly Henchard who was born on the 30th April 1998.

(6) No other child, now living, has been born to the petitioner during the marriage.

(7) There are or have been no other proceedings in any court in England and Wales or elsewhere with reference to the marriage (or to any child of the family) or between the petitioner and respondent with reference to any property of either or both of them.

(8) There are or have been no proceedings in the Child Support Agency with reference to the maintenance of any child of the family.

(9) There are no proceedings continuing in any country outside England and Wales which are in respect of the marriage or are capable of affecting its validity or substance.

(10) (Five years’ separation cases only) No agreement or arrangement has been made or is proposed to be made between the parties for the support of the Petitioner/

Respondent (and any child of the family)

(11) The said marriage has broken down irretrievably.

(12) The respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with the respondent.

148 Appendix 1 · Example Documents

(13) Particulars

(a) Throughout the marriage the respondent has regularly drunk to excess. When drunk, the respondent has been violent and abusive towards the petitioner.

(b) One evening whilst the parties were on holiday in August 2008 the respondent became drunk at a restaurant. The petitioner asked him to return to the hotel but the respondent refused and shouted abuse at the petitioner, much to her embarrassment. When the parties did eventually return to the hotel an argument occurred between them, during the course of which the respondent held the petitioner against a wall and threatened her with his fist.

(c) Over the last 12 months the respondent has spent large sums of money on gambling, with the result that the family has suffered considerable financial hardship.

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