By Wendy Mantle
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Sample text
The petition and the statement of arrangements for Paying for legal advice and representation 21 the children, along with extra copies, will be given to the client to file with the marriage certificate at the local divorce county court. Later, when the petition has been acknowledged by the completion of an acknowledgement of service form by the other spouse, the court sends a copy of it to the assisted person and the solicitor prepares an affidavit for the petitioner to swear. This confirms the truth of the contents of the petition, subject to any corrections, and provides certain additional information (described in Chapter 6).
The petitioner also has to say in an adultery case why he or she knows adultery has been committed, and in an unreasonable behaviour case when he or she came to the conclusion that the marriage had broken down. In the latter case the respondent is required to state whether he or she has continued living in the same house and must set out the basis upon which that has happened. It must always be borne in mind, as explained above, that in cases of unreasonable behaviour and adultery the petitioner cannot suffer the behaviour or the adultery complained of for more than six months without forfeiting the right to complain of them as a basis for divorce.
On the date of the hearing of which the other party has notice the court will consider his or her affidavit evidence. This may point out that the property removed was placed abroad in the normal course of business and that sufficient property remains in England and Wales to satisfy any order the court subsequently makes. 36 Emergency remedies The difference between Section 37 orders and those which are described as Mareva injunctions is that the latter can be made where the parties are not married and can be made after the final order has been made.