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Posted by Fiona Wadey on 29th January 2020

 

The person who issues the petition, known as the petitioner, is able to select the fact on which the divorce is based (for example unreasonable behaviour or five years’ separation), and they also have greater control over the pace of the proceedings.

There may be circumstances when it is important for decree absolute not to be pronounced until financial matters have been finalised in an order of the court; it is the petitioner who is first able to apply for the decree absolute, ahead of the other party. Typically these issues occur when the petitioner has pensions, and therefore further advice may be needed to ensure that the other party is protected. It is also important to bear in mind that the petitioner can seek an order that the other party pay their legal costs concerning the divorce. These are all matters to consider and weigh up when deciding who issues divorce proceedings.

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