Should I Name A Co-Respondent When I Petition For Divorce?
Posted on 5th May 2020
If following the admission of adultery from your spouse, you have made the decision to file for divorce using the fact of adultery, you will be given the option on the divorce petition to name the co-respondent (this is the person with whom your spouse had the affair). Whilst this may be tempting, and may appear to be a way of exacting revenge, will naming a co-respondent be in your best interests?
Firstly, as your Lancaster Divorce Solicitors, we would advise that you can only file for divorce using adultery if:-
1. Your spouse signs a Form of Admission and admits to the affair.
2. Your spouse has had an affair with someone of the opposite sex (if the affair is same sex, then you would need to file on unreasonable behaviour).
3. You have not continued your marriage for a period of more than 6 months after the admission of the affair.
4. Your affair was committed by your spouse and not you, you can not file for divorce using your own adultery as the fact.
Should you any of the above reasons not be met then you are able to file for divorce on the fact of unreasonable behaviour and not adultery.
If your spouse agrees to the divorce using the fact of the adulty then when you complete the divorce petition you will be given the option to name, the party your spouse committed the affair with. Of course the idea of naming them may bring some comfort, as they too will be served with paperwork and will have the option to seek their own legal advice, as your local Divorce Solicitors, we would advise that it very rare that a co-respondent is actually named, you can still proceed without naming them, with the Court referring the them as “unnamed man/unnamed women” through the proceedings. In order to name them you will need to know their full name, current address and they themselves are required to sign a Form of Admission admitting to the affair, much like with the Respondent, if they do not sign the petition you may need to have them served or may not be able to proceed with naming them. We would advise that this may lead to delays with your divorce and may in fact complicate matters.
No one other than the Court and the legal parties acting will be made aware of any name, and whilst it may provide some comfort to you as the petition to name the co-respondent, it is not necessary to do so, and as previously advise could bring further complications and delays, not to mention added expenses.
If you wish to discuss matter of Divorce then our fantastic Family Team are available to help by either completing the online enquiry form here, or by contacting us on 01524 581306.
Don’t forget, our team are in experts in not only Family Matters, but Conveyancing, Private Client, Personal Injury and Medical Negligence.
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