My partner is getting divorced from his wife. They separated about 12 months ago but he says they never got round to starting the Divorce proceedings. I met my partner about 6 months ago. I am worried as she is talking about starting the Divorce proceedings because of my “adultery” with her husband. I do not think that it is adultery or what she is planning on doing is fair. Is there anything I can do to protect myself?

Areas of Expertise: 

Public Answer: 

Thank you for your enquiry.
 
If your partner’s wife wants to start Divorce proceedings without waiting for 2 years from the date of Separation (or 5 years if she does not have your partner’s agreement to a Divorce) she will need to start the Divorce proceedings on the grounds of unreasonable behaviour or adultery.
 
Although you did not meet your partner until after he split up from his wife, in the eyes of Divorce law, your relationship is still classed as “adultery”. If your partner and his estranged wife do not want to wait for two years from the date of their Separation to start the Divorce proceedings then she could start the Divorce petition based on adultery but without naming you in the Divorce proceedings. That way your partner can get divorced without delay and you should not experience any embarrassment about being a co-respondent in Divorce proceedings. 
 
Your partner will need expert Divorce advice so we would ask you to call us on 0203 959 9123 to arrange an appointment to discuss the Divorce options and to see how we can help you. 
 
Family and Divorce law team at OTS Solicitors  
 
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