At the end of last week, there was a flurry of comments from divorce lawyers as to the content of the new divorce petition, with many saying that it may encourage more people to “name and shame” adulterers.
Wake Smith’s director and family law solicitor Lindsey Canning discusses.
“In fact there have been few amendments to the divorce petition. The main alteration being that the place of marriage need not now be recited word for word - this was always a tripping point.
“The already now infamous “adultery” detail has always been available within a divorce petition, but not as readily flagged up as it is now.
“The concern of many solicitors is that the new divorce petition has evidently been changed to help those parties representing themselves fill in the form but in the adultery section, the name and address of the alleged co respondent (“other person”) can appear to be mandatory.
“In fairness, the form does say:
- “People do not generally name the person their spouse committed adultery with”
- “If the other person is named, then they will usually become a party…” and
- “Your petition could be delayed ... and it could cost you more money...”
but nevertheless, as the new form is set out in such an easy to complete way, the fear is that naming the other person is not only necessary but, it is also open to a moment of anger.
“Adultery petitions can be fraught with uncertainty unless the other spouse is willing to admit to it which, frequently they will only agree to do so, subject to the other person not being named.
“As solicitors, we frequently agree before issuing proceedings, the reason and details for the divorce petition, as this reduces any need to change the court papers at a later date.
“The form does highlight additional costs and delay when the “other person” has been named as there can be important points of evidence in dispute. The most obvious of which is what will happen if a spouse admits the adultery but the other person does not? After all they may have very little to gain from co-operating. This will inevitably lead to delay and increased costs.
“We expect to see an increase in the “other person” being named, as a result we expect to see the “other person” seeking their own legal advice as to the implications of being named within the divorce proceedings especially if the petitioning spouse is claiming the costs of the divorce.
“If the costs order is then ignored by the “other person”, it can be enforced though the courts and so impact on credit rating, earnings and so on.
“As with all things, please read the small print, take a deep breath and possibly take legal advice before committing to a course of action which you may subsequently regret.”
For advice on family law call Wake Smith on 0116 266 6660 or at [email protected]
