Stage 1 - The petition

If you wish to instruct us to prepare the petition please click the 'Get started' button.

If you wish to instruct us to prepare the petition please click the 'Get started' button (below). You will be asked to provide:

  • A copy of your marriage/civil partnership certificate. If you do not have this you can obtain a certified copy from the Register Office
  • If the Certificate is not in English, you will also need to provide a translation and an Affidavit or Witness Statement confirming the truth of the translation. For more information please visit Talking heads, other legal translation services are available
  • The completed 'Information required' form
  • Payment of £102
  • Confirmation that you have read and accepted the terms and conditions at the end of the 'Information required' form
  • Photo ID, i.e Passport/Driving License plus a Utiity Bill dated within the last 3 months, either by uploading on to the 'Information required' form or via post to T&E Divorce, 20 Arundel Gate, Sheffield, S1 2PP
  • Once this information and documentation is provided, we shall draft the divorce petition and forward it to you via first class post within 5 working days of receiving your instructions.

Below are the instructions that you will receive with the divorce petition in order to complete stage 1

The petition

The Petition

Please check that the information on the front page and at parts 1 to 5 is correct.

The Statement of Case at Part 6 of the Petition gives the reasons for the Divorce/Dissolution.  This may be set out on a continuation sheet.

Part 7 gives details of the children of the family, if any.

Part 8 confirms that you will not be required to attend Court.

Part 10 contains the ‘Prayer’, this includes:

  • The request that the marriage/civil partnership be dissolved
  • The request that the Respondent pays your legal costs if the Petition is based upon adultery or behaviour

The boxes on the Prayer have been completed as it is standard practice to ask the Court to ‘open the door’ to dealing with the financial claim.

If costs are claimed you can agree with the Respondent that you will remove the claim for costs at the next stage in the proceedings, provided that they return the completed Acknowledgement of Service form to the Court. You must inform us if such an agreement has been reached when you instruct us to prepare the application for the Decree Nisi/Conditional Order.

If any of the information is incorrect please either write the corrections on the form and return it to us or Email your comments to us. We will then re-type the Petition and return it to you.

Alternatively, if you are happy with the Petition as drafted, you will need to sign and date the document in the relevant boxes at the end of the Petition. 

If you have any questions about the Petition refer to the Court leaflets:

D183  - About Divorce/Dissolution
D184 - I want to get a Divorce/Dissolution
D185 - Children and Divorce/Dissolution
D8 Notes – Supporting notes for guidance on completing a Divorce/Dissolution(Judicial) Separation Petition.

These leaflets can be downloaded from the Court website: hmctsformfinder.justice.gov.uk

Help with Fees Form EX160

People on a low income may be entitled to a reduced Court fee or even for this to cancelled in full. You can find out whether you will be entitled to a help with fees using the Court website www.justice.gov.uk/courts/fees

The Court leaflet EX160A – ‘Court fees – Do I have to pay them?’ explains what information the Court needs to work out if you are eligible for help with fees. It is up to you to complete the help with Fees Form.

What do I do next

What do I need to do next?

Once you have signed and checked all the documents you will need to arrange for these to be copied. You will then need to send or take to Court the following:-

1. The original marriage certificate
2. The original Petition and two copies.
3. A cheque for £550 payable to “HMCTS” or a completed Fee Remission Form with original evidence of means.

You must keep one copy of the Petition as these will be required at the next stage in the proceedings.

The address of the Court is The Family Court at Doncaster, PO Box 49, The Law Courts, College Road, Doncaster DN1 3HT. If you live outside of Sheffield, Rotherham, Barnsley, Grimsby or Doncaster, you can find your local family court on the court website.

The Court leaflet D184 – I want to get a Divorce/Dissolution explains the next stage in the process, including what happens if the Respondent does not return the Acknowledgement of Service form.

Please note that if the Petition is based upon two years’ separation or adultery the Respondent must file the Acknowledgement of Service form or other evidence of their consent to the Divorce/Dissolution or, in the case of Divorce only, an admission of adultery; without this the Petition cannot proceed.

 

Once I receive the Acknowledgement of Service?

What happens once I receive the Acknowledgement of Service form from the Court?

The Court will send to you copy of the Acknowledgement of Service form. If you wish to instruct us to prepare the Application for Decree Nisi/Conditional Decree and supporting Statement please send to us:-

  • Acknowledgement of Service form
  • Payment of £60
  • Details of any changes since the Petition e.g. change of address etc

Payment for stage 1 can be made online or via cheque payable to “Taylor and Emmet LLP” or by credit/debit card either at reception or by telephone.

Payment must be made at the next stages in advance by cheque payable to “Taylor and Emmet LLP” or by credit/debit card either at reception or by telephone. Please note that cheques take 5 working days to clear and payments by credit/debit cards take 3 working days to clear. There is a charge of 1.8% on credit card transactions.

 

Make a will

Wills

At this stage we would strongly recommend that you consider making a Will, if you have not already done so. At Taylor&Emmet the fee for a straightforward Will is £180 including VAT. If you wish to make an appointment please contact our Wills and Probate department on 0114 218 4000.

File Closing Arrangements

If we do not hear from you within the next two months, or if you confirm now that you do not wish to instruct us further, we will arrange to close your file. This will be placed in our archive for a period of 7 years after which it will be destroyed.

We hope that you have found our Document Preparation Service helpful.


Family law - Children Law Society Accrediation

 

Resolution Law