divorce adultery: naming co respondent?


It can be tempting to name the person with whom your husband/wife has had, or is having, an affair, but it is almost certainly not advisable to do so.

The current format of the divorce petition is based on a law that dates back to the 1970s. At that time, if you wanted to pursue a divorce petition based on adultery, then it would be highly likely to mean a court hearing before a judge, with evidence being given of the adultery or unreasonable behaviour in question. In that situation, you might well want to include the other person in the proceedings and have them attend the hearing to give evidence.

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What is an inappropriate relationship for divorce?


In life, we know that infidelity can take a whole range of forms, but what defines an inappropriate relationship when it comes to divorce law.
An inappropriate relationship but might not actually include sexual intercourse but is still something that feels like infidelity to you. It might not be adultery for the divorce petition, either because there is no sex taking place or because you unable to prove that that sex is taking place.

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What if my Ex won’t sign the Consent Order?


Less than 1% of people getting divorced will get to a court hearing where they will need to prove to a judge that their other half has committed ‘unreasonable behaviour’.

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