Does it matter who starts the divorce process?

The person who begins the divorce process is called the 'petitioner'. The person who is responding to the divorce is called the 'respondent'.

A petitioner will usually incur greater costs during the initial stages of the process due to the cost of the petition being drafted and prepared on their behalf. The petitioner is also liable in the first instances to pay the court fee to begin the process. However, the court can order the respondent to pay all or a contribution towards costs depending on the grounds for divorce.

However, when it comes to the dividing the matrimonial assets following a divorce, it is not generally relevant which party is the petitioner and which is the respondent.

If you would like any further information or advice in relation to petitioning for divorce, please contact our specialist family lawyers: Mark Vandaele on 01902 796930 (mvandaele@georgegreen.co.uk) at our Wolverhampton office or Rachel Baker on 01384 340 580 (rbaker@georgegreen.co.uk at our Cradley Heath office.