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Divorce - adultery

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  • Divorce - adultery

    Hi,
    im filing on adultery and intend to name those involved (please don’t judge I have my reasons) I know the persons name, date of birth and area they reside but not full address to issue divorce papers. Can anyone help advise how I legally obtain this info as I don’t intend to get myself in bother.
    thanks in advance
    Tags: None

  • #2
    Why do you need the other person's address? You issue divorce proceedings against your spouse. Do you not have that address?

    If your spouse agrees that adultery has taken place, there will be no nasty confrontation in court, however much you want there to be one.

    Comment


    • #3
      All respondents need to be served - if the divorce grounds are adultery and the applicant wants to make the third party part of the proceedings ( see further down my post ) they are a respondent in the divorce application - only really makes a difference if the spouse denies the grounds and defends the divorce app.


      So service address rules wise...



      Part 6 of the Family Procedure Rules....https://www.justice.gov.uk/courts/pr...rt_06#IDA2DMIC

      Subject to paragraphs (3) to (5) the application must be served on the respondent at his usual or last known address.



      (3) Where the applicant has reason to believe that the respondent no longer resides at his usual or last known address, the applicant must take reasonable steps to ascertain the current address of the respondent.



      (4) Where, having taken the reasonable steps required by paragraph (3), the applicant –


      (a) ascertains the respondent's current address, the application must be served at that address; or



      (b) is unable to ascertain the respondent's current address, the applicant must consider whether there is –


      (i) an alternative place where; or



      (ii) an alternative method by which,

      service may be effected.

      ------—
      And on the naming issue.,,,


      Practice Direction 7A of the Family Procedure Rules states that “
      2.1
      Where the application refers to adultery or to an improper association with another person, that other person should not be named in the application unless the applicant believes the other party to the marriage or civil partnership in question is likely to object to the making of a matrimonial or civil partnership order on the application.
      ”.
      also guidance correctly states "
      likely to cause further tension and conflict between the parties and will also increase costs and time as a further party will be involved in the proceedings
      .”


      #staysafestayhome

      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

      Received a Court Claim? Read >>>>> First Steps

      Comment

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