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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34496
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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There. I want to know what happens if 2 people have been

Customer Question

Hi there.
I want to know what happens if 2 people have been separated for 4 years. The relationship finished because of adultery on her side. He has the house and pays the mortgage, but it's in both their names. They split custody of their 2 children. She lives with her partner and has a baby with her partner. He has a new girlfriend of 6 months.
He is now wanting to divorce her, so I want to know how he would go about that. Could he sue her for adultery this far along? Could she sue him for adultery as he's in a new relationship. What grounds could they get a divorce on? And what is his legal standing if she tries to get nasty, especially with the children?
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Will his ex agree to a divorce?
How old are the children?
How much is the house worth and how much is outstanding on the mortgage?
Clare
Customer: replied 2 years ago.

We hope so, but can't be sure.

They are 4 and 6.

Not sure how much the house is worth, but I know he's in debt with it and he won't make any money if and when they sell it.

Expert:  Clare replied 2 years ago.
Hi
How do the children share their time between them?
Clare
Customer: replied 2 years ago.

He has them 2 or 3 times a week, depending on his shifts.

Expert:  Clare replied 2 years ago.
Hi
How long for each time?
Clare
Customer: replied 2 years ago.

He'll have them for a couple of days at a time.

Expert:  Clare replied 2 years ago.
Hi
Ok
Just to check - can he ensure that his ex is released from the mortgage?
Clare
Customer: replied 2 years ago.

I'm not sure. She doesn't pay anything on the mortgage and he's the one that lives there.

Expert:  Clare replied 2 years ago.
Hi
Either of them could divorce the other on the basis of the ongoing Adultery if they so wished.
Alternatively they could agree to a divorce based on the fact that they have lived apart for more than two years.
The most effective way forward would be for this pair to attend Family mediation
www.familymediationhelpline.co.uk
to agree the basis of a divorce and to resolve the issues regarding the house and the mortgage.
If this is not possible then he should write to his ex asking her to agree to a divorce based on two years separation (and get her response in writing) - and telling her that if she does not agree to this then he will issue a Petition based on her adultery (and demand a DNA test on the baby if she does not admit the adultery)
He can read more about issuing a Petition here
https://www.gov.uk/divorce/file-for-divorce
I hope that this is of assistance - please ask if you need further details
Clare