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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33283
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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as a man, if your wife has had an affair and is pregnant with

Customer Question

as a man, if your wife has had an affair and is pregnant with someone elses child what kind of legal position are you in if filing a ptetion for divorce under adultery? what if you complete wanting nothing from her financially but she defends wanting a financial settlement? how strong is my legal position?
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Claire and I will do my best to help you but I need some further information first.
How long have you lived together and what assets and debts are there.
Are you willing to wait until after the baby is born to get divorced or would you rather get on with it now?
Claire
Customer: replied 3 years ago.

we lived together for 2 years as married


she has a home valued less than mortgage and i have some cash thats it


i would prefer to have it all done before her baby is born

Expert:  Clare replied 3 years ago.
Hi
How long have you actually lived together - not just been married?
What savings do you have?
Claire
Customer: replied 3 years ago.


i have savings from a house sale previous to being married. we lived together before that for 2 years

Expert:  Clare replied 3 years ago.
Hi
So you have lived together for four years.
Your ex is living in a property with negative equity and you have how much in savings?
Claire
Customer: replied 3 years ago.

20k and a car!

Expert:  Clare replied 3 years ago.
Hi
Using the Adultery as the grounds for divorce will be difficult as unless your ex agrees to it you have a problem as you will not be able to prove the adultery until you can arrange a DNA test on the baby when it is born.
Better to use the Unreasonable Behaviour ground which does not require her co-operation at all
More details here
https://www.gov.uk/divorce/overview
You have little to fear from a Financial application given the circumstances since your assets are slender and she has her own home.
I hope that this is of assistance - please ask if you need further details
Claire
Customer: replied 3 years ago.

what is considered proof for adultery? if she accepts the petition under adultery because she obviously wants to get this done quickly, can she then make a financial demand that will stand up in court? and is there any consequence of us being divored for her claiming child benefits or getting something out of the father of the child?


 

Expert:  Clare replied 3 years ago.
Hi
Proof is an admission of adultery - or having photographic evidence of the sexual act - or a DNA test on the baby.
Whatever ground is used her financial claims are the same.
Being divorced or not will not change any claims she makes for Child Benefit or Child Maintenance
Claire
Customer: replied 3 years ago.

can she claim anything to do with that child from me? obviously if im the father but im 100% certain i am not and also she has admitted as such! if she accepts my petition can she claim financially? how do the courts look at this kind of a situation - she earns a good income - more than me in fact. she just has no money because she wastes it - or in this case spent a lot on hotels while she told me she was working late. Her affair was with her boss who is well off and is trying his utmost to keep this from coming out to avoid his wife finding out. Thats inconsequential really. I just want to know the quickest way to get divorced and then from there what my risk is financially? or if the court will view this in her favour or mine?

Expert:  Clare replied 3 years ago.
Hi
If the child is not yours she cannot make a claim on you.
From what you have said there is no financial claim that she van in fact make on you.
You can issue the Petition based on her Behaviour as soon as you wish
Claire
Customer: replied 3 years ago.

do i have claim to anything from her? her property? she has no other assets? or net assets? how do i defend myself against her claims? she wants 7.5k and then will just let this all go quickly and quietly?

Expert:  Clare replied 3 years ago.
Hi
If she has no assets other than her property then you have nothing against which to make a claim.
First you need to see if she actually makes a claim - then you can work out what you need to do to defend it
Her claim has little chance of success
Claire

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