What is the next stage for a marriage that has irretrievably broken down?
The spouse that makes the application for a divorce petition is known as the petitioner and the other spouse as the respondent. In the first place it would be an advantage for the petitioner, this being the wife in 79.0% of cases, to obtain an agreement for the divorce from the respondent to reduce conflict during the divorce and the ancillary relief proceedings. An agreement would imply an undefended divorce by the respondent and mean the petitioner can base the divorce on unreasonable behaviour requiring only a brief outline of such behaviour, without necessarily prejudicing the petitioner. Without agreement the petitioner’s allegations could be challenged and although any defense of a divorce will ultimately fail, a challenge would greatly increase conflict and animosity during the proceedings. What will happen to the children? At the time of submission of the petition for divorce, nullity of marriage or judicial separation to the court, the petitioner will also have to include a st
