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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withdrawn from this range.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 (M7(f)) Withdrawn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 (M7(g)) Withdrawn
DIV2-Flexi Divorce Petition (Behaviour) Withdrawn
DIV119 Pension Enquiry Form - Form P Withdrawn
DIV6A Dissolution Petition - Form D508 Withdrawn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.