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Co respondent in a petition for divorce (2 Posts)
Started By:
03 December, 2017 11:48AM
Co respondent in a petition for divorce
krazzy_wind - 03 December, 2017 11:48AM
Hi All,

I wanted to seek advise from the divorce/family lawyers here.

I have been named as a co-respondent for adultery for the divorce proceedings between my ex-colleague and her husband.
The husband wanted to separate from his wife (my ex-colleague) on the grounds of adultery and in the divorce petition made me a co-respondent.

My ex-colleague had an unhappy marriage (she told me) and had flings with various men during the course of her marriage (she told me) as she and her husband were not compatible.

Now that they decide to end the marriage, her husband (bec he knew I was her colleague/business partner) and suspected her doing adultery with me has named me as a co-respondent to their divorce.

I now need to understand:
-What I should be doing?
-What if I don't respond?
-What are the implications of not responding?
-What are the other implications (financial or otherwise) on me?

I don't even have my ex-colleague's phone number or other contact details as we split our company up over an year ago and went our own ways.

Thanks in advance for your help & advise.

krazzy wind
Re: Co respondent in a petition for divorce
davidterry - 04 December, 2017 11:20AM
It is considered to be bad practice to name a co-respondent in divorce proceedings but if you have been so named it is very important that you co-ordinate your response with the respondent otherwise you could unwittingly end up causing each other to be ordered to pay the petitioner's costs.

A petition for adultery almost invariably contains a claim for costs. Therefore it is usually sensible for neither the respondent nor the co-respondent to respond to the divorce petition until the subject of costs is agreed. Negotiations about costs, if any, need to be conducted in without prejudice correspondence. One common approach is, 'We will admit adultery if you do not seek costs otherwise the respondent will cross petition.'

One final point to remember is that adultery involves sex which can be hard to prove unless a person is a fly on the wall. If there has been no sex you could deny the adultery and claim costs from the petitioner unless he amends his petition.
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