Should I name the other person in my adultery petition?

can I name the other person in my adultery petition

Should I name the other person in my adultery petition?

This is a question we are often asked when a client first comes to us to talk about filing for divorce. Often that client is feeling angry and hurt.

Georgia Smith take a look at this challenging issue.

In simple terms, the divorce petition effectively sets out the petitioner’s reasons as to why the marriage has irretrievably broken down. In cases of adultery, it may be perceived that a third party is the sole reason for the breakdown, which is why the question “should I name the person who my partner committed adultery with in my petition?” is asked.

The straightforward answer is no.

It is not normally in your best interests to name the other man or woman in your divorce petition, even if you are divorcing on the sole basis of adultery. This advice can be a tough pill to swallow for most, who understandably wish to allocate blame after experiencing such feelings of hurt and betrayal.

It is usually enough for the petitioner (the person making the application for divorce) to provide the particulars of when the adultery took place and whether that relationship is ongoing. The respondent will then be served with a copy of the petition and will be asked to complete an acknowledgement of service form, which will ask if they admit to the adultery. Alternatively, your solicitor may request that the respondent complete a confession statement.

However, it may be the case that the respondent refuses to admit the adultery and the petitioner will have to prove the fact on a balance of probabilities.

What if I name the co-respondent?

Naming a third party in your divorce petition will make that person a co-respondent to your divorce. In practice, it is very rare for this to happen, as the Family Procedure Rules 2010 state that the third party should not be named unless the petitioner believes the respondent will contest the proceedings.

Significantly, naming a co-respondent could delay matters, as the third party will be served a copy of the petition and will be asked to fill out a form in response. If that third party proceeds to instruct a solicitor, your costs will only increase.

It is often wrongly assumed that adultery will be taken into consideration by the Court when determining financial settlement. This is not the case, and the judge can often take a dim view of a spouse who insists on naming a co-respondent.

In reality, naming a co-respondent only increases contention and may even cause the respondent to decide to defend the divorce. The urge to ‘name and shame’ can be short-lived and the real victory is in obtaining an amicable and swift divorce.

If you are affected by any of the issues outlined here, please get in touch today. We are here to help.

More love and marriage…

Sarah Jessica Parker

More love and marriage…

We had such a great response to our recent Love and Marriage blog that we thought we’d add some more quotes to our special selection of celebrity words of wisdom about love, relationships and marriage.

Because there’s no doubt that on this topic everyone has their own opinion: some have their own personal deal-breakers, some know for certain the one thing that will melt their heart – and a lot of people will tell you it takes hard work and commitment.

See if you agree!

Katharine-Hepburn

“I often wonder whether men and women really suit each other. Perhaps they should live next door and just visit now and then.” Katharine Hepburn

 

Albert Einstein

“Men marry women with the hope they will never change. Women marry men with the hope they will change. Invariably, they are both disappointed.” Albert Einstein

 

Justin Timberlake and Jessica Biel

“We have a couple of rules in our relationship. The first rule is that I make her feel like she’s getting everything. The second rule is that I actually do let her have her way in everything. And, so far, it’s working.” Justin Timberlake

 

Anne Bancroft

“The best way to get most husbands to do something is to suggest that perhaps they’re too old to do it.” Anne Bancroft

 

Prince Philip and Queen Elizabeth,

“I think the main lesson we have learnt is that tolerance is the one essential ingredient in any happy marriage.” Prince Philip, Duke of Edinburgh

 

Rita Rudner

“I think men who have a pierced ear are better prepared for marriage. They’ve experienced pain, and bought jewellery.” Rita Rudner

 

Sarah Jessica Parker

 

“It seems so silly, but I think you’re very lucky if you like the person. I still just really like him.” Sarah Jessica Parker

How can I enforce a Children Act Order?

how can I enforce a Children Act Order?

How can I enforce a Children Act Order?

“They’re ill.”

“You were late by five minutes.”

“They don’t want to see you.”

“It isn’t on this week, you have your dates wrong.”

Above are just a handful of reasons that a parent might hear as to why a Child Arrangements Order cannot be complied with. But is this right and does this ultimately trump a court order? Associate Melissa Jones explains.

How can you enforce a Children Act Order? If you have been involved in Children Act Proceedings and obtained a final court order, there are consequences if a party breaches an order, as follows:

(a) They may be held in contempt of court and be committed to prison or fined; and/or

(b) The court may make an order requiring them to undertake unpaid work (an enforcement order) and/or an order that they pay financial compensation.

How does this really work in practice?

Essentially, the court makes the order and expects parents to ensure it works on the ground. There may be times though when a child is ill, or there is an emergency, for example , which might mean that the child arrangements cannot go ahead on occasion. However, this should not happen repeatedly and if it does then unless the other parent has “reasonable excuse” for not allowing the contact, then they would appear to be in breach of the order.

What is the enforcement court process?

There  is still an expectation that you take steps to resolve matters before applying to the court. As you may have heard before, the court is a last resort. It is best practice, before an application is made, to address the issue with the other party and inform them of the implications of not doing so.   If the matter is not resolved, then you may have little choice but to apply to the court for enforcement.

What happens when I make my application?

You can make an application to enforce the order if you feel that it has  not been complied with. At the first hearing the court can be asked to consider the facts of the alleged breach and, in some cases, if these breaches are not agreed, list a hearing to determine those facts. The court can also decide, if after listening to the reason(s) for non-compliance, if CAFCASS or Social Services need to get involved.

The court process usually follows the same process as your last case (the one where you obtained your final order), that is:

* First Hearing Dispute Resolution Appointment (FHDRA)- the purpose of the hearing is to try and agree matters as much as possible

* Review hearing- this will be listed if matters cannot be resolved at the first hearing and the non-compliance issue remains live. It might have been that a report was ordered at the FHDRA for CAFCASS or Social Services to complete, for review at this hearing

* Final hearing- where the court will make an order after listening to evidence from the parties

The bottom line in these types of cases is, that there is an order in force, and it should be adhered to. If a parent is not able to comply with an order, they are able to make an application to ‘vary’ the order to ensure that they do not indirectly continue to breach an order.

If the court finds that a party has not complied with the order it can take a number of steps as detailed above, but one of lesser known options, and quite a rarity, is to order a transfer of residence, with the child going to live with the other parent. The latter happened in the following case: Re C (A Child) [2018] EWHC 557 (Fam)

Given the implications of not adhering to an order and the court’s robust approach, it is best to get advice as early as possible.

If you are affected by any of the issues raised here, please get in touch today.  We are here to help you.

Love and marriage…

David Beckham, Victoria Beckham

Love and marriage…

As specialist family lawyers, sometimes we’re asked: “what makes a successful marriage?”

There’s no doubt that on this topic everyone has their own opinion: some have their own personal deal-breakers, some know for certain the one thing that will melt their heart – and a lot of people will tell you it takes hard work and commitment.

So we’ve gathered together a special selection of celebrity words of wisdom about love, relationships and marriage – see if you agree!

Dustin Hoffman and wife Lisa

 

“To have a successful marriage a man must, on a fundamental level, be scared of his wife.” Dustin Hoffman

 

Winston and Clementine Churchill

“My most brilliant achievement was my ability to be able to persuade my wife to marry me.” Winston Churchill

 

George Clooney and Amal Clooney

“I have someone who I can talk to about anything, and someone who I care more about than I’ve cared about anything. It’s nice.” George Clooney

 

Michael Douglas and Catherine Zeta-Jones

“For marriage to be a success, every woman and every man should have their own bathroom.” Catherine Zeta-Jones

 

John Legend and Chrissy Teigen

“I always have a note in my pocket that reads ‘John did it’ – just in case I’m murdered, because I don’t want him to remarry.” Chrissy Teigen

 

David Beckham, Victoria Beckham

“Do you go through tough times? Of course. That’s part of relationships. It’s part of marriages. It’s part of having children. It’s part of having responsibilities.” David Beckham

 

 

“Marriage is a wonderful invention: then again, so is the bicycle repair kit.” Billy Connolly

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