Frequently Asked Questions

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Yes, if you have not divorced and are having sexual intercourse with someone who is not your spouse, this is adultery.

No. if the other person is named they become a party to the divorce and so are in all the papers. Usually the effect is that this causes more distress because not only were they in the marriage they are now in the divorce.

No, unless there is anything that shows either that the child could be at risk or there is an allegation that is financial eg removing money from the family fund.

Yes. Court is slow and expensive. Before applying to court you usually need to attend mediation. Mediation may help you to avoid having to go to court.

It’s when you and your ex-partner decide that you want to resolve the issues but need the support of lawyers. Collaborative lawyers are specially trained to provide advice during four-way meetings where you and your partner and your respective lawyers sit round the table and deal with all the issues.

No. If you have parental responsibility then your consent is needed. If the child were to taken, there is an international agreement called the Hague Convention which means that the child would be ordered back to England for the court here to deal with the dispute.

You need to research the law in both countries and then decide which would be the better location. Divorce needs to be issued quickly, because the country where it is first issued will have jurisdiction.

No. If you divorce before the finances are finalised and your spouse dies you will be in limbo because you will no longer be a spouse and so have automatic entitlements. You should get legal advice about your particular circumstances.

No. The child has the right to receive this support until they are 18 years old.

No. In England and Wales you only have any rights if you are married. There is no common law status. There may be some claims but these are more complicated and so you will need legal advice. If there are children there may be additional claims.


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