Before filing petition is this the correct action.

Hi guys

I am doing my divorce myself, my ex to be sols sent letter to my solicitors advising them that I HAVE TO PROVIDE THEM with a draft divorce peition so they are fully aware of the reasons why I am filing for unreasonable behaviour and they have said to my solicitor " I do hope you have made your client aware of the family law protocol"

However, when I have looked into this I can't see that this is a necessity to do. I am hoping to file Petition on Monday and now I'm unsure if I don't provide them with a draft copy it will be rejected.

can anyone advise me if this is law to do or just them tryign to bully me again!

Thanks

I don't think that you legally HAVE to provide them with a copy before you file it but it is seen as good manners and less likely to be contested.

The solicitor is quite right, you should provide a draft in most cases (bar two years separation) with the aim of making the process as amicable as possible, if you don`t and are seeking costs you are unlikely to be granted them if it ends in court.

Ok thank you both for replying.

As I want to file Monday - could I forward them today a copy of the Petition I'm wishing to file on Monday then? or do you have to give them a set period of time?

Sarah

You need to give them a reasonable amount of time to respond, you should be thinking at least seven days, if they respond earlier fine.

Ok Thank you - So if I send it recorded delivery today and then if they haven't responded by next Friday I could file on the Monday.

My ex and his sols (as obviously working for him) have been a bit bullyish and I don't want to remove anything from the Petition. Its all evidenced what I have said.

I don't really understand why they need to see if for a week unless they are going to force me to change things.

sorry for being so niave.

What grounds are you using? Is there any reason why your husband wouldn't want a divorce?

If not and you are using UB it doesn't really matter what you have put so long as it makes it look as if the relationship is broken down. You wont need to evidence each individual example of unreasonable behaviour.