EFIS 28, April 2011 : Divorce

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Important notice: These forms come into affect from April 6th 2011 and by default will not be listed under the File>New menu until this date. To view these forms before this date, select the option "Show All Revisions including pre-release and obsolete titles".

The Ministry of Justice has amended existing Divorce Forms and drafted new forms to reflect new rules and procedures which the Family Procedure Rules 2010 will introduce on 6th April.

The new and amended forms listed should not be used before 6th April.

Practice Direction 36A supplements Part 36 of the new Family Procedure Rules 2010 in relation to transitional arrangements.

In general, where an initial step has been taken in a case using the old forms required under the Family Proceedings Rules 1991, divorce practitioners should continue to use the existing forms under the old 1991 Rules.

However, where a new step is taken in any existing proceedings on or after 6th April, then Part 1 of the 2010 Rules will apply to all existing proceedings on or after 6th April.

DIV_FM1 should be used in certain family cases where the parties in a dispute must find out what mediation means.

The current editions of Divorce forms DIV_C, DIV_D & DIV_G remain unchanged. Oyez�s own Divorce forms DIV114 and DIV115 have been updated to reflect the new terminology of the 2010 Rules for use primarily in Children Acts cases rather than Divorce proceedings.

Existing Divorce forms DIV41, DIV84, DIV86, DIV94 DIV102, DIV108, DIV_Notes1, DIV_Notes2 and DIV_Notes3 should no longer be used and have been
withdrawn from this range.

Form DIV_E(nomacro) has been removed as form macros can now be switched on or off from the toolbar button.

EX160 and accompanying notes EX160(N) remain unchanged and should continue to be used.

Forms affected

DIV92A	Affidavit by Petitioner in Support of Petition for annulment under Section 12(g) of, or paragraph 11(1)(e) of Schedule 1 to, the Matrimonial Causes Act 1973 or Section 50(1)(d) of the Civil Partnership Act 2004. (M7(f))	Withdrawn
DIV92B	Affidavit by Petitioner in Support of Petition under Section 44(5)(a), (b), (c) or (d) of the Civil Partnership Act 2004. (M7(g))	Withdrawn
DIV2-Flexi	Divorce Petition (Behaviour)	Withdrawn
DIV119	Pension Enquiry Form - Form P	Withdrawn
DIV6A	Dissolution Petition - Form D508	Withdrawn
DIV3-Flexi	Divorce Petition (Desertion)	Withdrawn
DIV_Notes3	Dissolution Petition: Notes for Guidance	Withdrawn
DIV4-Flexi	Divorce Petition (Separation - 2 years)	Withdrawn
DIV109_EXP	Statement of Information for a Consent Order	Withdrawn
DIV_E(nomacro)	Financial Statement (no self calculating fields)	Withdrawn
DIV5-Flexi	Divorce Petition (Separation - 5 years)	Withdrawn
DIV6-Flexi	General Petition (combined form)	Withdrawn
DIV41	Request for Directions for Trial (Normal Procedure)	Withdrawn
DIV48	Originating Summons under S.17 of the Married Women's Property Act 1982 [or Section 1 Matrimonial Homes Act 1983][or Section 66 of the Civil Partnership Act 2004] (M23)	Withdrawn
DIV51A	Directions for Trial: Special Procedure (County Court only)	Withdrawn
DIV51B	Directions for Trial: Special Procedure (Divorce Registry only)	Withdrawn
DIV80	Originating Summons Wardship/Guardianship (High Court only)	Withdrawn
DIV81	Acknowledgement of Service of Originating Summons (High Court only)	Withdrawn
DIV84	Backsheet (Legal Aid)	Withdrawn
DIV86	Affidavit of Means	Withdrawn
DIV87	Affidavit by Petitioner in Support of Petition (Adultery) under s.1(2)(a) of Matrimonial Causes Act 1973	Withdrawn
DIV88	Affidavit by Petitioner in Support of Petition (Desertion) under s.1(2)(c) of Matrimonial Causes Act 1973	Withdrawn
DIV89	Affidavit by Petitioner in Support of Petition (2 years' Separation) under s.1(2)(d) of Matrimonial Causes Act 1973	Withdrawn
DIV90	Affidavit by Petitioner in Support of Petition (5 years' Separation) under s 1(2)(e) of Matrimonial Causes Act 1973	Withdrawn
DIV92	Affidavit by Petition in Support of Petition (Behaviour) under s.1(2)(b) of Matrimonial Causes Act 1973	Withdrawn
DIV93	Affidavit in support of an application to dispence with the service of the petition the Respondent	Withdrawn
DIV94	Notice of Acting or Change of Solicitor	Withdrawn
DIV117	Pension Attachment Annex under [section 25B or 25C of the Matrimonial Causes Act 1973] [paragraph 25 or 26 of Schedule 5 to the Civil Partnership Act 2004] - Form P2	Withdrawn
DIV96	Request for Service of Petition by Court Bailiff	Withdrawn
DIV100	Application for Decree Nisi to be made Absolute	Withdrawn
DIV101	Notice of Application	Withdrawn
DIV102	Form of Affidavit	Withdrawn
DIV108	Notice of Estimate	Withdrawn
DIV109	Statement of Information for a Consent Order	Withdrawn
DIV110	Ex Parte Originating Summons	Withdrawn
DIV116	Request for Information and the Production of Documents under Rule 2.63	Withdrawn
DIV118	Pension Attachment Annex under Section 24B of the Act of 1973	Withdrawn
DIV_Notes1	Divorce Notes 1	Withdrawn
DIV_Notes2	Divorce Petition Notes for Guidance	Withdrawn
DIV1-Flexi	Divorce/dissolution/(judicial) separation petition	New/Amended
DIV_H1	Statement of costs (financial remedy) - [FORMH1]	New/Amended
DIV1_Notes	Supporting Notes for Guidance on Completing a Divorce/Dissolution/(judicial) Separation Petition	New/Amended
DIV9	Application notice	New/Amended
D258B	Request for Detailed Assessment (Cost Payable out of a Fund Other Than the Community Legal Service Fund)	New/Amended
D258C	Request for Detailed Assessment Hearing Pursuant to an Order Under Part III of the Solicitors Act 1974	New/Amended
DIV_E(Notes)	Divorce Form E Notes for Guidance	New/Amended
DIV2_Notes	Supporting Notes for Guidance on Completing a Nullity Petition	New/Amended
DIV_FM1	Family Mediation Information and Assessment Form FM1	New/Amended
DIV10	Affidavit in Support of a Request to Dispense with Service of the Divorce/Dissolution/Nullity/(Judicial) Separation Petition on the Respondent	New/Amended
DIV12	Notice of Proceedings and Acknowledgement of Service - Maintenance/Property Proceedings	New/Amended
DIV6	Application for a Presumption of Death Decree/Order and the Dissolution of a Marriage/Civil Partnership	New/Amended
DIV13	Notice to be Indorsed on Document Served in Accordance With Rule 6.14	New/Amended
DIV14	Notice of Application on Ground of Failure to Provide Reasonable Maintenance or for Alteration of Maintenance Agreement During Parties' Lifetime	New/Amended
DIV7	Notice of Application for Enforcement by such method of enforcement as the court may consider appropriate	New/Amended
DIV15	Application for an Order Preventing Avoidance Under Section 32L of the Child Support Act 1991	New/Amended
DIV16	Application on Ground of Failure to Provide Reasonable Maintenance	New/Amended
DIV8	Medical Examination - Statement of Parties and Inspector	New/Amended
DIV17	Application for Alteration of Maintenance Agreement During Parties Lifetime	New/Amended
DIV18	Application for Alteration of Maintenance Agreement After the Death of One of the Parties Under Section 26 of the Matrimonial Causes Act 1973/Paragraph 73 to Schedule 5 to the Civil Partnership Act 2004	New/Amended
DIV11	Notice of Application for Decree Nisi to be Made Absolute or Conditional Order to be Made Final	New/Amended
DIV19	Application under Section 17 of The Married Women's Property Act 1882 / Section 67 of the Civil Partnership Act 2004 / Application to Transfer a Tenancy Under The Family Law Act 1996, Part IV	New/Amended
DIV20	Application for Permission to Apply for Financial Relief After an Overseas Divorce etc. Under Section 13 of the Matrimonial and Family Proceedings Act 1984 / Paragraph 4 of Schedule 7 to the Civil Partnership Act 2004	New/Amended
DIV21	Application for Financial Relief After an Overseas Divorce etc.	New/Amended
DIV22	Application to Prevent Transaction Intended to Defeat Prospective Applications for Financial Relief Under Section 24 of the Matrimonial and Family Proceedings Act 1984	New/Amended
DIV23	Request for Issue of Judgment Summons	New/Amended
DIV38	Pension Protection Fund (PPF) Inquiry Form - Information needed when a Pension Compensation Sharing Order or Pension Compensation Attachment Order May be Made	New/Amended
DIV24	Application for Declaration of Marital/Civil Partnership Status	New/Amended
DIV25	Affidavit in Support of Divorce/(Judicial) Separation - Adultery	New/Amended
DIV39	Pension Protection Fund (PPF) Sharing Annex to a Pension Compensation Sharing Order [Section 24E of the Matrimonial Causes Act 1973] [Paragraph 19A of Schedule 5 to the Civil Partnership Act 2004]	New/Amended
DIV26	Affidavit is Support of Divorce / Dissolution / (Judicial) Separation - Unreasonable Behaviour	New/Amended
DIV27	Affidavit in Support of Divorce / Dissolution / (Judicial) Separation - Desertion	New/Amended
DIV28	Affidavit in Support of Divorce / Dissolution / (Judicial) Separation - 2 Years' Consent	New/Amended
DIV29	Affidavit in Support of Divorce / Dissolution / (Judicial) Separation - 5 Years' Separation	New/Amended
DIV30	Affidavit in Support of Nullity Petition - Void Marriage/Civil Partnership	New/Amended
DIV31	Affidavit in Support of Nullity Petition - Voidable Marriage/Civil Partnership	New/Amended
DIV33	Application for a Decree Nisi/Conditional Order or (Judicial) Separation Decree/Order	New/Amended
DIV34	Request for Personal Service by a Court Bailiff	New/Amended
DIV35	Pension Inquiry Form	New/Amended
DIV37	Pension Attachement Annex Under [Section 25B or 25C of the Matrimonial Causes Act 1973]	New/Amended
DIV32	Statement of Information for Consent Order in Relation to a Financial Remedy	New/Amended
DIV36	Pension Sharing Annex Under [Section 24B of the Matrimonial Causes Act 1973] [Paragraph 15 of Schedule 5 to the Civil Partnership Act 2004]	New/Amended
DIV_A1	Notice of [Intention to Proceed with] an Application for a Financial Remedy (other than a Financial Order) in the County or High Court - [FORMA1]	New/Amended
DIV_A2	Notice of [Intention to Proceed With] an Application for a Financial Remedy in the Magistrates Court - [FORMA2]	New/Amended
DIV_E1	Financial Statement for a Financial remedy (Other than a Financial Order or Financial Relief after an Overseas Divorce or Dissolution etc) in the County or High Court	New/Amended
DIV_E2	Financial Statement for a Financial Remedy in the Magistrates Court	New/Amended
DIV40	Pension Protection Fund (PPF) Attachment Annex to a Pension Compensation Attachment Order [Section 25F of the Matrimonial Causes Act 1973] [Paragraph 34A of Schedule 5 to the Civil Partnership Act 2004]	New/Amended
DIV114	Undertaking to Court by [Petitioner] [Respondent] as to Removal of Children from England and Wales	New/Amended
DIV115	Consent and Undertaking by Parties to Each Other as to Removal of Children from England and Wales	New/Amended
DIVD151	Application for registration of a maintenance order in a magistrates' court	New/Amended
DIV_A	Notice of [intention to proceed with] an application for a financial order - [FORMA]	New/Amended
DIV_B	Notice of an Application to Consider the Financial Position of the Respondent after the Divorce/Dissolution - [FORMB]	New/Amended
DIV_E	Financial Statement	New/Amended
DIV_F	Notice of Allegation in Proceedings for a Financial Remedy - [FORMF]	New/Amended
DIV1	Divorce/dissolution/(judicial) separation petition	New/Amended
DIV_H	Estimate of Costs (Financial Remedy) - [FORMH]	New/Amended
DIV_I	Notice of Request for Periodical Payments Order at Same Rate as Order for Maintenance Pending Outcome of Proceedings - [FORMI]	New/Amended
D252	Notice of commencement of assessment of bill of costs	New/Amended
D254	Request for a Default Costs Certificate	New/Amended
D258	Request for detailed assessment hearing (general form)	New/Amended
D258A	Request for Detailed Assessment (Legal aid/Legal Services Commission only)	New/Amended
D259	Notice of Appeal Against a detailed Assessment	New/Amended
DIV2	Nullity Petition	New/Amended
DIV3	Answer to a Divorce/Dissolution/(Judicial) Separation or Nullity Petition	New/Amended
DIV4	Statement of Reconcilation	New/Amended
DIV5	Statement of Arrangements for Children	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.