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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 35999
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I've been named as a corespondent in a divorce case. The

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Hi I've been named as a corespondent in a divorce case. The details stated are incorrect wrt to dates and I did not know the person was married. I have 7 days to respond on the govt website and need advice. Was it adultery if i didn't know he was married? do I get a chance to correct details in the petition that are incorrect? Can i get my name removed from the petition, the wife has put my name address and phone number
JA: What steps have you taken? Have you filed any papers in family court?
Customer: the persons wife has filed a petition and maned me, I got the letter yesteday
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: It's england & wales juristiction
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I didn't know the person was married and stopped seeing him when I found out but resumed the relationship briefly after his wife and he separated. I do not wish to contest the divorce but want do not want to be named and want details stated to be correct

My name is ***** ***** I shall do my best to help you. I am reviewing your question now, and will respond further within a few minutes

Are you still in contact with the other person involved?

Customer: replied 4 months ago.
no
Customer: replied 4 months ago.
web chat is fine
Customer: replied 4 months ago.
hello are you still reviewing?

Towards the end of the petition has she also asked for you to pay towards her costs

Customer: replied 4 months ago.
it says she is not claiming costs or applying for a financial order

Well that is helpful as it makes sure there is no financial penalty.

I am afraid that the fact that you were not aware that he was married does not mean that it was not adultery.

You have a few options.

You can in fact simply ignore the paperwork altogether if you wish - there is no action that can be taken against you.

You can answer it and say with honesty that the specific allegations are untrue and leave it at that

You can answer it and admit the adultery but say that the details are wrong.

The choice is entirely yours.

It is in fact totally unnecessary for her to have named you - but no one will be aware of it as the details are not published.

I hope that this is of assistance please ask if you need further details

Customer: replied 4 months ago.
thanks, ***** ***** worried the details would become public record and it seemed against all GDRP that she had included my name address and phone number so that's reassuring. And I can ignore the paperwork if I wish with no comeback? She cannot later decide to try and make me pay fees?

No she had to tick the box to start with.

The only possible set back will be that she may arrange for you to be personally served with the documents again - which you can then put in the bin

Customer: replied 4 months ago.
thank you. One the govt website if I click that I admit the adultery, do i get a chance to ensure incorrect details are corrected

Unlikely - but there may be a place a little further on

Clare and 3 other Law Specialists are ready to help you
Customer: replied 4 months ago.
thank you for your time you've been very helpful, I'll check out the Govt webpage tomorrow