Q&As

What is the procedure to withdraw a divorce petition that has already been served on the respondent? Will the respondent be notified of any application to withdraw the petition and what does the court take into account in deciding whether the petition should be dismissed?

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Published by a ³ÉÈËÓ°Òô Family expert
Published on: 11 June 2018
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family procedure rules (FPR 2010), SI 2010/2955, 7.9 provides that an application for a matrimonial order may be withdrawn at any time before it has been served by giving notice to the court in writing.

A person may not make more than one application for a matrimonial order in respect of the same marriage unless the first application has been dismissed or finally determined or the court gives permission (FPR 2010, SI 2010/2955, 7.7).

Whether dismissed, abandoned or successful, an application remains upon the file of the court, and if a previous application, abandoned but not dismissed, is on the file, a further application may not be filed by the party who presented it without the leave of the court.

The exception is where it is desired to file an application for divorce after the expiration

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Jurisdiction(s):
United Kingdom
Key definition:
Divorce definition
What does Divorce mean?

The bringing to an end of a valid marriage between a man and a woman

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