Petition for divorce ultimate overview and sample


Petition for divorce sample

Petition for divorce is a primary document for seeking a divorce order from the court.

A valid marriage can only be brought at the end through the court process and those processes are initiated through a petition of divorce in some countries, it is known as a divorce complaint.

What is the Petition of Divorce?

The petition of divorce is a legal document that is filled in the court of competent jurisdiction by a person who seeks to divorce his/her spouse. This document contains facts that show that the spouse has no intention to proceed to their marriage hence the divorce. These facts technically know as grounds for divorce.

The spouse who seeks a divorce is called the petitioner and the other who responds is called the respondent.

It is worth noting that, the court is not there to break your marriage but to protect it. Thus, when you seek a divorce make sure you have strong reasons to do so.

Contents of  Petition for Divorce

  1. Name and addresses of spouses. You must be a resident or  have a domicile in the country that you apply for divorce (at least you have stayed more than one year)
  2. Date and place of marriage
  3. Children and properties obtained during the marriage
  4. Any agreement regarding a maintenance or the division of any assets acquired through the joint efforts of the parties
  5. Evidence to show that the marriage has broken down irreparably and efforts to repair proves futile
  6. Reliefs that you seek from the court are technically known as ‘prayers’
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Legal Requirement of Valid Petition for Divorce

  1. Must be dated, verified, and signed by the petitioner
  2. Must be filled in the court of competent jurisdiction
  3. Must be served on the other party
  4. Must contain the evidence that shows your marriage has broken down irreparably.
  5. Must contain prayers
  6. Failure to comply with these requirements renders your application incompetent

Sample Of Petition For Divorce

The sample below will enable you to see the basic contents of the petition of divorce arrange your facts; seek relevant relief from court etc.

IN THE RESIDENT MAGISTRATE’S COURT OF ……………………..

AT …………………………

MATRIMONIAL CAUSE NO. ……… OF …….……

………………………………………….  ……………………….. PETITIONER

VERSUS

…………………………………………  …………………………. RESPONDENT

PETITION FOR DIVORCE

The Petitioner hereinabove named states as follows:

  1. That the petitioner is an adult A resident of ……………………….. and his address of service for purposes of this Petition is:………
  2. That the Respondent’s address for purposes of service shall be pointed to the Court Process server by the petitioner.
  3. That the marriage between the petitioner and the respondent was contracted on………………and has been blessed with one issue, to wit, ……………………………… having been born on the ………….. day of ………………, …………………….
  4. That during the marriage the petitioner and the respondent jointly acquired the following properties 1. ………………………… 2. ………………. 3. ……………….
  5. That after the separation for a long time a lot of efforts was put to try to resolve the differences through …………………………….. And the Marriage Conciliatory Board to no avail. Copy of the Marriage Conciliatory Board’s letter to the Resident Magistrates Court of ………………………… at to that effect is annexed hereto marked “………………” and the petitioner craves for leave of the Court to refer to it as part of this petition.
  6. That honest to their conscience the parties herein resolved that their marriage has broken down irreparably. Copy of a letter dated ……………………… to that effect duly authenticated by both the parties is annexed hereto marked “……………………” and the petitioner craves for leave of the Court to refer to it as part of this petition.
  7. That on the premises the petitioner avers categorically that this marriage to the respondent has irreparably broken down.
  8. That both the petitioner and the Respondent resides in …………………… and that the cause of action arose within the jurisdiction of this Honourable Court.
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WHEREFORE the petitioner prays for the following orders:

  • the declaration that the marriage has broken down irreparably.
  • An order to dissolve the marriage and a decree for divorce be granted.
  •  Division of matrimonial property
  •  Child maintenance and custody
  • Any another relief this Honourable Court deems fit to grant.

DATED at ……………… this ……………….. day of …………………, ………………….

…………………………….
PETITIONER

VERIFICATION

I, ……………………………………….. do hereby verify that all that is stated hereinabove is true to the best of my knowledge.

………………………………….
PETITIONER

Presented for filing this …………… day of ………………….., ……………………..

………………………………………
REGISTRY OFFICER

COPY TO BE SERVED UPON:

The respondent
…………………Address

See also

Isack Kimaro

Editor-in-chief and founder of sherianajamii.com. Holder of Bachelor of Laws (LL.B) from Mzumbe University and Post Graduate Diploma in Legal Practice from the Law school of Tanzania. Lawyer by profession and blogger by passion.

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