Special Procedure - Petitions for Divorce or Dissolution

Once the petition for divorce or dissolution has been issued, served and the Respondent has had the opportunity to reply it is necessary to apply for directions for trial.  Where the petition is not defended this is by a procedure known as the "special procedure".  It is a paper-based, accelerated procedure for undefended petitions for divorce or dissolution.

The Petitioner files a request for directions for trial under the special procedure with an affidavit in support.  The papers are then referred to a judge to certify whether the requirements have been complied with.

The judge goes through the papers and makes sure that the grounds for the petition have been made out, they are satisfied that it has been served properly, that the petition is not defended and that they are happy with any proposed arrangements for any children.  If they are satisfied then they will certify it is fit to be entered into the special procedure list and a date is fixed for pronouncement of decree nisi/conditional order.  There is no need to attend that hearing unless there are unresolved costs issues or the Court otherwise directs.

If the judge is not satisfied that the paperwork is in order they can refuse to grant directions, Order that the case not proceed in the special procedure list, direct a hearing where you have to attend or direct further steps or evidence to be dealt with first.  Usual problems are incorrectly completed petitions, weak behaviour allegations in the petition or incorrectly completed affidavits.

Getting the paperwork right in the first place is simple if you know what you are doing.  Sorting it out at a later date is not.

We are here to help 24 hours a day 365 days a year.  Either e-mail us anytime, call (01296) 662770 (Nick) or (01525) 373322 (Richard) during the normal working day or (07973) 424178 in an emergency.