Two years with consent - how much detail

Hi

I'm at the stage of completing my DIY divorce petition, on the grounds of two years apart with consent, but I'm not quite sure how much detail is required in answer to q13 (particulars)

Would it be sufficient to say "the respondent left the marital home on 7 August 2006. The petitioner and respondent have not lived together since that date"

Since the STBX (she) left to cohabit with another chap are there any advantages in using desertion as the grounds? although the notes say that this is not often used these days.

Regards

Sandy

Hi,

Your divorce petition should read as follows:

'The parties to the marriage have lived apart for a continuous period of at least two years immediately preceding the presentation of this petition and the Respondent consents to a decree being granted which will be confirmed by his signature on the Acknowledgement of Service form'.

Particulars

'The Petitioner and the Respondent separated on the [ ] day of [ ] and have since lived continuously apart'.

Obviously, you will have to insert the date above but this is all the information that is required on two years separation petition.

I wouldn't go down the route of desertion if you want a quick and easy divorce as you will need to prove that you have always 'left the door open' for your spouse to return and would need to prove this which is extremely difficult.

If you think your spouse will not agree to the petition based on two years then you have two options:

1. Wait an additional three years when you can divorce without the consent requirement ;or

2. Draft a petition based on your spouses behaviour during the course of the marriage that led to the breakdown.

Kind regards

Hi

Thanks for that - it will get me a big step further down the road to getting sorted out!

Regards

Sandy