Hi, thank you for your question. Please confirm if you are intending on pursuing a divorce and to use the text messages in your divorce application?
Thank you for confirming. If you were to pursue a divorce under the fact of unreasonable behaviour you would not need to attach or provide any of the text messages in the application for divorce. All you will need to do is make list of the most unreasonable messages and any other behaviour which has led to an irretrievable breakdown of the marriage. Once issued, your wife will be served with a copy of the divorce petition and has the right to defend the divorce if she does not agree that the marriage has irretrievably broken down - which is difficult to do and the vast majority of divorce applications do eventually get granted.
The divorce can be issued using a divorce petition and a £550 court fee to your local divorce centre - you can see more here: https://www.gov.uk/divorce/overview
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Oh I see - I thought you had already seen the text messages. Unfortunately, in that case there is no way you can obtain the messages unless she agrees to show you them, but if you believe the marriage has irretrievably broken down due to her unreasonable behaviour you can rely on that behaviour to pursue a divorce instead of any text messages.
Yes of course - what is the question?
You will not be charged more
As it is registered to you, you would be entitled to access records from the mobile company, however the records they keep are likely to only be details of numbers called, received and numbers that have been messaged - so not the actual contents of the messages. The contents will be kept on the phone. As the phone is in your name it is your property so you should request it back from her, however, even if she were to return it to you there is no guarantee that she will keep the messages on there.