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Who should be the petitioner? And other questions.

Posted by ikagi 
Who should be the petitioner? And other questions.
March 29, 2021 05:20PM
Hi there,

Could anyone help me answer the following:

1. Which partner should apply to be the petitioner and which should be the respondent? (we are both agreeing to the dissolution of our civil partnership, so does it matter who makes the application?) Are there any legal advantages to who it is?

2. On the form, it asks "10.1 Do you want to apply for a financial order?". We have no assets except our respective savings and pensions and both of us have agreed that we do not wish to make a claim of the other's assests. Am I correct in thinking that the petitioner should therefore tick "No" to this question since we will be applying for a Consent Order instead?

3. One partner is moving out to a new place, but it will be in a different part of the country (Scotland) and the other will remain in England. Which Court do we apply to? English or Scottish? Does this depend on who the petitioner is?

Many thanks
Re: Who should be the petitioner? And other questions.
March 29, 2021 05:48PM
1. It makes no difference although it is usually sensible for the spouse who most wants the divorce to be the petitioner because an indifferent spouse could well delay a divorce.

2. The financial remedies box needs to be ticked otherwise the court does not have jurisdiction to deal with the financial issues - whether by filing for an order by consent or not.

3. No, it depends upon whether Scotland has jurisdiction. Since I assume you are both habitually resident in England can therefore apply for divorce in England on that basis Scotland might not have jurisdiction until the spouse moving there has become habitually resident there (which is not instant) or else unless the spouse moving to Scotland already has Scottish domicile by, for example, having been born there.
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