Sometimes it is necessary to amend the divorce petition. This can be for one of two reasons: you may want to correct an error in the petition (or may be required to do so by the court – see also what I said above regarding question 2 of the affidavit in support of the petition) or you may want to add to the allegations (or particulars) in the petition. If the latter, then you can amend the petition if the further particulars alleged occurred before the date of the petition, but if they occurred after that date then you will need to file a supplemental petition. Note that a supplemental petition is not another petition, but merely supplements the original petition. Accordingly, you could not use a supplemental petition to add an allegation of separation to the petition if the requisite period of separation were not complete at the date of the petition – the same thing applies to amending a petition.
An amended or supplemental petition may be filed without the court’s permission (or leave) at any time before the respondent has filed an answer to the petition, but may only be filed with the court’s leave once an answer has been filed.
Generally speaking, if you wish (or are required) to amend a petition or file a supplementary petition you would be best advised to see a solicitor. Accordingly, the procedure is not explained here. However, if all that is required is a simple amendment of a minor error, then all that is required is to make the amendments in red and file two copies of the amended petition with the court, along with the £80 fee. The court will then send one copy to the respondent, along with a fresh acknowledgement of service form for them to complete.