I need some general advice

Hello. I need some general advice.

My girlfriend was married to a bad guy for 2 years, last year she left him due to his violent temper, shortly after that we entered into a relationship.

She issued for divorce towards the end of last year, however it was rejected by the courts as her husbands signiture did not match that of the marriage certificate.

About 2 months ago he issued divorce proceeding and we thought that would be the end of it once completed.

However she recently received notification that he is pursuing divorce on grounds of adultery as apparently he has found out about us being in a relationship.

Does he have a strong case against us or are they just trying to ruffle feathers?

Many thanks for any advice.

Hi Freezebull

Technically your partner is still married and so, yes, is committing adultery.

However divorce and the financials are treated completely separate and the grounds for divorce will have no bearing on any financial split/settlement.

Don't sweat the adultery grounds. Easiest thing is for her to admit it, and it makes the divorce relatively easy peasy. The alternative is that he makes up a list of nasty accusations about her unreasonable behaviour.

The financial settlement and arrangements for kids of the marriage (if there are any) are independent but related proceedings, and the grounds for divorce won't impact on the outcome of this.

Good luck,

Wow.

Thanks for the swift response guys.

I should also like to add that they did own a home together and she has paid roughly £5000-7000 towards the mortgage.

Her name is still on the property deed as the home was purchased before they were married.

At present he occupies the home and she was living in her own flat until recently and now she lives with her parents.

Are you saying that even though the divorce grounds are now adultery, she would still be entitled to her share or would this be detrimental?

What about solicitor fees?

Thanks again.

Heli sums it up nicely However divorce and the financials are treated completely separate and the grounds for divorce will have no bearing on any financial split/settlement

So anything to which she would have been entitled if she was the applicant for divorce on UB ground she would still be entitled to as the respondent on adultery ground.

He will no doubt ask for her to pay for the costs of divorce as this is usual when adultery is used (and this is just the legal process of divorcing not the costs of sorting out the money side, she is at perfect liberty to say no, or I'll pay half on the ground that the marriage foundered due to his violence and the adultery, whilst accepted was subsequent to the separation and not the cause of the marriage breaking down.

Adultery has to be admitted (by your girlfriend) or proven by her stbx to be used as a divorce ground - however I'm sure in the circumstances she wants shot of him and I personally would admit to this just to get free!!

Thanks guys. She'll be pleased to know that she'll still be entitled to her half of the house.

I have little doubt that to finalise the divorce and end it, she would accept adultery as the grounds, but would this provide him a better position to reclaim the costs?

With her sinking all of her money into the mortgage and having little opportunity to save on her previous rent, we're both looking to give him as little as possible.

Thanks.

The reason for divorce doesn't make any difference to the finances but the house and any other assets won't necessarily be shared equally.

There is no law that says assets must be split 50:50. With a short childless marriage usually each party takes away what they brought to the marriage share any increase in values during the marriage and *something*" might be paid towards the less wealthy spouse rehousing and a period of readjustment.