EFIS 19, March 2005 : Divorce

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The heading at the top of these Divorce Petitions has been amended by a Practice Direction to require the Petitioner and Respondent to provide their names which appeared on their marriage certificate or else specify the reasons why their names have changed since their marriage.

The Court Service has also substituted the reference to Article 2 (1) of the Council Regulation with a reference to Article 3 (1). This is because a new Council Regulation 2201/2203 revoked and replaced Council Regulation 1347/2000 on 27th November 2003.

In addition, the notes which accompany DIV6 have been amended to refer to the Gender Recognition Act 2004 which provides legal recognition for transsexual people in their acquired gender on the issue of a full gender recognition certificate. More information can be found in the Family Proceedings (Amendment No. 3) Rules 2005 which will come into force on April 4th2005.

Practitioners should not use the amended Petitions forms before 4th April and should not use the current versions of forms DIV1-6 after 3rd April.

The Family Proceedings (Fees) (Amendment No. 2) Rules 2005 will come into force at the start of the new financial year on 6th April.

These Rules increase the amount below which an applicant is entitled to claim Working Family Credit from �14,600 to �15,050.

Since EX160(N) refers to this old figure of �14,600, we have amended it to refer to the new figure of �15,050.

Practitioners should only use the new set of notes to complete form EX160 on or after 6th April and not before this date when the old figure of �14,600 is applicable.

We have also taken this opportunity to make some minor amendments to form EX160, which are not connected with these latest changes to the notes and so can be used immediately on receipt of this notification.

Minor formatting amendments have been made to the DIV94, DIV100 and DIV109, whilst DIV_E has had its fields amended on page 13 to accommodate 5 digit numbers, e.g. 50,000.00. These forms are available for your immediate use.

Forms affected

DIV1-Flexi	Divorce Petition (Adultery)	New/Amended
DIV2-Flexi	Divorce Petition (Behaviour)	New/Amended
DIV3-Flexi	Divorce Petition (Desertion)	New/Amended
DIV4-Flexi	Divorce Petition (Separation - 2 years)	New/Amended
DIV5-Flexi	Divorce Petition (Separation - 5 years)	New/Amended
DIV6-Flexi	General Petition (combined form)	New/Amended
DIV6	General Petition (combined form)	New/Amended
DIV94	Notice of Acting or Change of Solicitor	New/Amended
DIV100	Application for Decree Nisi to be made Absolute	New/Amended
DIV109	Statement of Information for Consent Order	New/Amended
DIV_Notes1	Divorce Notes 1	New/Amended
DIV_E	Financial Statement	New/Amended
EX160	Application for Fee Exemption or Remission	New/Amended
DIV1	Divorce Petition (Adultery)	New/Amended
EX160(N)	Notes for EX160	New/Amended
DIV2	Divorce Petition (Behaviour)	New/Amended
DIV3	Divorce Petition (Desertion)	New/Amended
DIV4	Divorce Petition (Separation - 2 years)	New/Amended
DIV5	Divorce Petition (Separation - 5 years)	New/Amended
DIV_Notes2	Notes for Guidance �FormMessage �"These are the notes to help with filling out of Div 6�"	New/Amended

Crown copyright forms are reproduced with the permission of the Controller of the Stationery Office. Law Society forms are reproduced with the permission of the Law Society. Legal Aid Forms are produced with the permission of the LSC.