Naming a third party in a divorce.

bluelass

carefullycautious wrote: »

She must make sure she does not give any personal details over the phone. If this is a real scenario the solicitor would write to her.

How would the solicitor get her address to write to her then? if all the accuser has is a mobile number.

bluelass

Spendless wrote: »

Back in 2001/2002 an acquaintance was divorcing her husband because he had had an affair with her best friend. She was a hairdresser and on telling the story to a client, got told that the client had had the same thing happen to her and when she'd divorced she had named the other woman and sent both ex and other woman the bill, and that she could do this. My acquaintance rang her solicitor and asked if this was true, and was told yes, and the paperwork went out to the other woman and friends husband for them to sign saying they would pay the costs.

I was in the same room as my acquaintance when she made the phone call to the solicitors asking this question so I've no reason to believe this story isn't true and I've just found something that indicates what my acquaintance was told is correct here.

http://www.terry.co.uk/adultery.html

That's my only suggestion that this woman has learned that she can name another woman and pass on the divorce costs, whether she is scamming, has got hold of the wrong name, is a case of mistaken identity I can't even guess.

What if the man claimed to be single? I have never heared of a mistress having to pay for someone else's divorce why should they.

TBagpuss

It is possible for the other party to be named in divorce proceedings based on adultery, but it is no longer the norm - in fact, it is contrary to the Law Society best practice guide. It is also not a good idea, as these days, an adultery petition is generally only used if the person committing adultery admits the adultery - if they don't, then it is normally better to go on the basis of 'unreasonable behaviour' as otherwise you need to provide evidence for adultery, which is a high burden.
If you name the 'other woman' or 'other man' in the petition then they have to be served with the papers, they *also* have to admit the adultery.

It would be possible for a court to make a costs order against both the husband and the 'other party' but is very unlikely.

I agree that OPs colleague should let her husband know about this harassment, and consider logging the calls as harassment. It would be unusual for a solicitor to call but not unheard of (especially with a non-specialist solicitor who is dabbling for a friend). A genuine solicitor would have no objection to telling her their details.

(incidentally, the PP who spoke about some US states was correct -it is called 'alienation of affection', and used to be possible in the UK too, although it was abolished in the 1850s. It only applied to women - a man could sue his wife's lover, but not the other way round. It was based on the consept of women as property)

Spendless

bluelass wrote: »

What if the man claimed to be single? I have never heared of a mistress having to pay for someone else's divorce why should they.

I'd never heard of it, until the case I posted above. My acquaintance wanted her errant husband and her ex best friend to pay the bill because she wanted revenge for them both betraying her. As stated above other woman does not have to sign she agrees with paying it, though in this case she did agree by signing and returning paperwork, but as it happened husband then returned to his wife.

I_try

If the husband was or was going to live with the person he was committing the adultery with, the other womans earnings may be taken into account when finances are divied up in the divorce process. That does not mean that the mistress pays towards maintainance but he will be deemed to be in a better financial position than if he was living alone and unsupported.


It can complicate matters if naming third parties in the divorce process as all paperwork gets sent to them also and requires them to sign it and they often have nothing to gain by being cooperative so can cause things to drag out longer and therefore make it more expensive in the long run.


Does sound an iffy story though. Either your colleague is not as honest as you think, someone has copied a number down incorrectly and got her instead or some kind of scam is being tried on. I'd google the numbers and details obtained, ask for their solicitors info etc.


If they phone again tell them she'll wait for it in writing before seeking legal advice herself. Then take it from there. Solicitors get paid a good wage to write a quick letter.

SandC

pertgave wrote: »

¿?
Is a separation period still a requirement before you file for divorce?
That seems a rather outdated requirement.

For a 'no fault' divorce, yes 2 years if both agree. If one party doesn't then it's 5 years. There are many ways you can do it sooner - 'unreasonable behaviour' covering quite a lot of things I would imagine.

*edited hadn't seen rpc's post above explaining this, sorry for repeating!