Gents,
Just wondered if anyone has come across or is going through the same as me. I was separated for 2 months, living in my own rented house and met a girl on a night out. Ended up seeing this girl and she is great. My soon to be ex-wife found out and has speeded up divorce proceedings claiming im an Adulterer. Yes I agree in a way, and if that's what she wants to do its not a problem. The only problem I have is that she states that she will NEVER let our children meet my new GF and if she does she will get injunctions, court orders all kinds of things against her and me. .... Question is, legally can she do this? ... Advice anyone?? ... cheers
Hi There,
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As you say, your ex can apply for divorce based on grounds of adultery as legally you are still married and are seeing someone else, It's a silly law but it still stands, In my view if you have been seperated with no view to getting back together then it shouldn't be classed as adultery, but at the end of the day the divorce is just a means to an end and the papers will get filled away in a drawer and not looked at, and you know the reason you seperated so as you say it's not an issue.
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I am assuming at this point there is child arrangement order in place and you just see children as agreed with your ex, if this is the case then she can stop contact for any reason and there is very little you can do, to resolve this you would have to firstly attend mediation with your ex to discuss and try and resolve the conflict and if that fails or she won't attend then you would need to apply to the courts for a child arrangement order to be made. The judge wouldn't accept your ex's request that your children don't meet your new partner as long as there are no safe guarding issues (which I'm sure there aren't)
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If you do end up in court then you can represent yourself throughout and we can help you with advice and support.
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GTTS
Hi there
I think GTTS meant to say that he is assuming there isn't a Child Arrangements Order in place and he has given you some good advice.
Are you seeing your children regularly at the moment? It worries me that she is threatening to get an injunction out on you, in reality, all she has to do is to make an allegation of harrassment or abuse to get a non molestation order made against you, this would complicate matters with regard to child contact.
Just be very careful in all communication with her and try and have a third party around when you pick the kids up, or if that's not possible, ask to meet in a public place where there are CCTV.
As GTTS has said, mediation would be your first port of call to try and get some agreement in place. Here's a link
www.nfm.org.uk
There's lots of info in the stickys at the top of the legal eagle section that you may find useful.
All the best
Hi There,
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As Mojo has said I assumed you didn't have a child arrangement order in place sorry if that was confusing.
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Thanks Mojo :kiss:
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GTTS