questions

Quick answers to your top 25 divorce questions — by Conrad Murray — last modified 2008-03-14 17:18

Our famous FAQ with quick answers to your top 25 most commonly asked divorce questions...

On what grounds can a divorce petition be started? — by Conrad Murray — last modified 2007-03-16 07:22

You must have been been married for over a year and meet some criteria on residency and domicile. Once that is established it must be established that the relationship has irretrievably broken down.

What is the divorce petition? — by Conrad Murray — last modified 2007-03-16 07:26

A divorce petition is a legal document which frames the terms on which the divorce is obtained.

Can the press publish details about my divorce? — by Conrad Murray — last modified 2007-03-16 07:30

My divorce resulted from my adultery. Will the newspapers be able to attend court and report on it?

Timetable for a divorce — by Conrad Murray — last modified 2007-03-16 09:56

Although the time a divorce can take will vary very much on the attitude and cooperation of the petitioner and the respondent, the legal timetable is firm and divorces can be achieved reasonably quickly if both parties are not in dispute.

Separated from husband: can he claim against an inheritance I am about to receive? — by Conrad Murray — last modified 2007-03-26 14:23

After 2 years separation from my husband and with my mother about to die - does my ex-husband-to-be get a claim on my inheritance when we divorce?

My wife has petitioned for divorce but she committed adultery. Can I divorce her instead? — by Conrad Murray — last modified 2007-03-26 14:27

My wife has petitioned for divorce on the grounds of my behaviour but it was her who had an affair. Can I divorce her instead ? Also she is now living with her new partner who is very wealthy. Do I have to pay her anything if she doesn't need the money ?

Do I forfeit any rights to the marital home if I move out? — by Conrad Murray — last modified 2007-03-27 01:37

My daughter in law recently moved back home with her child. Since then I can't bear to go home every day. A friend told me that if I leave the house I will lose my right to get back my share of it. Is this right ?

Spends all his spare time playing online poker: is this grounds for divorce? — by Conrad Murray — last modified 2007-03-27 01:44

My husband spends every evening and most of the weekend playing online poker and it is driving me to distraction. We have been for counselling but he is no better. He doesn't either lose much or win much so there is no financial hardship, but is my frustration with our (lack of) lifestyle alone grounds for a divorce ?

I married in England but live abroad: do I need to return to get divorced? — by Conrad Murray — last modified 2007-03-30 07:14

I am currently living in Dubai with my husband but I want a divorce. We got married in England 23 years ago. Can I divorce him without returning to England ?

Husband pays monthly allowance for children but won't make a financial settlement — by Conrad Murray — last modified 2007-03-30 07:21

My husband left home three and a half years ago and left me with the children. I want a financial settlement. He is currently paying monthly allowance for the children but has told me that if I claim any more he will give up work and go abroad. What can I do?

Divorced 10 years but house not settled: can I claim my share of the house? — by Conrad Murray — last modified 2007-03-30 07:24

My wife and I divorced 10 years ago but never got round to sorting out the house. She still lives in our house. We have two grown up children. Can I claim my share of the house ?

Married abroad: is my marriage valid and will I still need to divorce? — by Conrad Murray — last modified 2007-03-30 07:27

My husband and I got married in Bermuda three years ago. I want a divorce but have heard that the marriage may not be valid anyway. Are holiday marriages valid? Do I need a divorce?

What happens if I ignore the divorce papers? — by Conrad Murray — last modified 2007-03-30 07:30

If I just ignore the divorce papers I have received what will happen?

Wife names partner in divorce petition: can I name her partner in return? — by Conrad Murray — last modified 2007-03-30 07:34

My wife has named my new partner in the divorce petition. Can she do this ? My new partner is very upset and I want to name my wife's new partner in return. Can I do this?

Life policy pays out to ex-wife: can I change it to benefit new partner? — by Conrad Murray — last modified 2007-03-30 07:36

I got divorced last year but still have a life policy which pays my ex-wife if I die. How can I change this to my new partner?

Pension and shares: can I keep these outside the divorce settlement? — by Conrad Murray — last modified 2007-03-30 07:40

I have a civil service pension and some shares. Can I keep these out of the divorce settlement ?

"Quickie" divorce needed: how long will it take? — by Conrad Murray — last modified 2007-03-30 07:43

I need a divorce quickly because I am getting married in June and have not told my new wife of my previous marriage. Can I get divorced in time ?

Set fire to divorce papers... — by Conrad Murray — last modified 2007-03-30 07:49

My wife sent me divorce papers and I was so upset I burnt them. What should I do ?

I want to divorce my husband but I don't know where he is: can I still get divorced? — by Conrad Murray — last modified 2007-03-30 07:52

I want to divorce my husband but I don't know where he is. Can I still get divorced?

Mother in law is wrecking marriage — by Conrad Murray — last modified 2007-04-04 07:38

My mother in law is manipulative and vindictive and a complete pain in the backside. She is the only source of dispute in my marriage between myself and my husband, and not a week goes by without her behaving unacceptably in one way or another. We are now unable to socialise with her or go along to social functions with her as she drinks too much sherry and starts talking loudly and criticising people, usually strangers, causing a huge amount of embarrassment to myself and my husband. My husband sometimes makes excuses for her which frustrates me even more. Can having a nightmare mother in law be a ground for divorce?

Can I get divorced if I am carrying his child? — by Conrad Murray — last modified 2007-04-05 06:14

We separated two years ago after my husband committed adultery but we had a recent fling again (although he never moved back in) and I am carrying his child. I still want a divorce but can I get a divorce if I am pregnant with his child?

"Sham marriage" husband was deported: how do I get a divorce? — by Conrad Murray — last modified 2007-04-05 06:20

I am English but my husband was an asylum seeker and the government has now deported him as they say ours was a sham marriage. How do I get a divorce?

I want to remarry but my husband says he will fight my divorce: how long must I wait? — by Conrad Murray — last modified 2007-04-05 06:26

I've met a lovely man and we want to get married but my husband (who left the family home) will not agree to a divorce and says he will fight me all the way. How long do I have to wait until he has no choice in the matter. Would it help if I committed adultery or somehow shamed him into it?

Are pre-nuptial agreements legally binding? — by Conrad Murray — last modified 2007-04-05 06:31

My father wants us to enter into a pre-nuptial agreement but my fiancé says they are illegal in the UK. Who is right?

Husband has hidden financial assets offshore: how can I force him to disclose them? — by Conrad Murray — last modified 2007-04-05 06:35

My husband says he has declared all his assets but I believe he has set up a trust in the Channel Islands. I have some paperwork but it is in the name of a foreign limited company which he says is nothing to do with him. I know he is the beneficial owner. How can I force him to disclose the true facts? I know the name of a UK lawyer who I believe helped him set it up.

Caught is a bad relationship from which I need to financially escape... — by Conrad Murray — last modified 2007-04-05 06:45

I am caught in a bad relationship. There is no cruelty as such - just boredom but I don't financially know how I can escape as my husband is the substantial salary earner. What are my entitlements if I decide to leave and how do I go about seeking a divorce?

How can I vary my ex-husband's access rights? — by Conrad Murray — last modified 2007-04-05 06:50

My ex-husband was granted access once a fortnight but has shown little interest in the children and we never know whether he is going to turn up or not. Is there any way I can get his access rights reduced (or even eliminated) so at least we have some certainty.

Friendship with best friend's husband: how long should I wait before taking it further? — by Conrad Murray — last modified 2007-04-05 06:54

I have a close but (so far) platonic relationship with my best friend's husband. They have been separated for more than two years. Last night he told me on the phone his wife is filing for divorce which he does not plan to contest. Our friendship has been steadily developing into a relationship which I very much want. How long should I wait before committing and should we attempt to keep it private, should I tell her privately or should we make it public right away?

How can a couple living together enjoy the same legal rights as a married couple? — by Conrad Murray — last modified 2007-04-05 06:58

Is there a way a man and woman can get a civil union or domestic partnership that gives them the same rights as a married couple?

Mother is investing in the marital home: how do I protect her investment in the event we divorce — by Conrad Murray — last modified 2007-04-05 07:04

I am getting married and my mother has agreed to lend us money so we can buy a house. We will still have a mortgage which I plan to pay jointly with my new wife. If the unthinkable happens and we end up breaking up, how can I ensure that my mother's equity in the house is maintained and does not become part of the divorce settlement.

Stockbroker wins £22,000 damages for paternity deceit — by Conrad Murray — last modified 2007-04-05 07:09

A wealthy stockbroker whose former girlfriend deceived him into believing he had fathered her son was awarded £22,400 damages against her in the high court yesterday.

American husband might not have finalised divorce: how can I check if he is a bigamist? — by Conrad Murray — last modified 2007-04-06 15:44

My husband is an American who told me he was divorced in the USA long before I knew him but evidence has recently been coming to light that this might not be true. I still love him but I need to know the facts. Is there any way I can easily find out?

Exposing your husband as a pathological liar in a divorce... — by Conrad Murray — last modified 2007-04-06 15:53

How do you expose a pathological liar to the courts in divorce proceedings?

Abusive husband won't leave the family home — by Conrad Murray — last modified 2007-04-07 08:33

I have a mortgage with my husband on our home. He is an alcoholic and has become unreasonable to live with. I have had to call the police on several occasions and have asked him to go, but he says he will not leave unless the house is sold and he is paid off. I only work part time and would not get another mortgage on my wages. I have a daughter and son who also live here. Do I have to give up my home?

Fear of abduction — by Conrad Murray — last modified 2007-04-07 08:46

My husband is threatening to abduct my children. What should I do?

Residence and contact quick Q&A — by Conrad Murray — last modified 2007-04-07 08:53

 

Specific Issue Order quick Q&A — by Conrad Murray — last modified 2007-04-07 08:59

What is a Specific Issue Order and how do they work?

Parental Responsibility quick Q&A — by Conrad Murray — last modified 2007-04-07 10:50

 

Grandparents' rights quick Q&A — by Conrad Murray — last modified 2007-04-07 11:00

 

Financial provision for children quick Q&A — by Conrad Murray — last modified 2007-04-07 11:08

 

Children's Tax Credit — by Conrad Murray — last modified 2007-04-07 11:14

The Children's Tax Credit was introduced from 6 April 2001 to provide more help for people who have a child or children aged under 16 living with them. It will reduce the income tax that you need to pay. You will get the credit through your tax code. You will be able to claim only one Children's Tax Credit, even if you have more than one child living with you.

Divorce and pensions — by Conrad Murray — last modified 2007-04-07 11:20

 

Injunctions quick Q&A — by Conrad Murray — last modified 2007-04-07 11:27

Several types of injunction are available

Mediation and Public Funding Q&A — by Conrad Murray — last modified 2007-04-07 11:35

The Legal Services Commission have recently introduced a change in eligibility for Public Funding in family matters, making it compulsory to attend a Mediation Assessment meeting before an application for Funding can be made.

Severance of Joint Tenancy — by Conrad Murray — last modified 2007-04-07 11:41

 

Divorcing from jail — by Conrad Murray — last modified 2007-04-07 11:57

How do you go about filing for a divorce if you are in jail?

Divorce will involve me in severe financial hardship: can I oppose on those grounds? — by Conrad Murray — last modified 2007-04-07 12:02

My wife wants a divorce but she already has the house. I have very little money after the mortgage is paid on that house and the rent on my flat, plus very meagre living expenses etc and I know I won't be able to pay for the child support. Can I oppose a divorce on these grounds?

Can I apply for a change in access or residence for my children? — by Conrad Murray — last modified 2007-04-27 08:18

My wife and I were divorced and I was awarded access of our two young children Gus and Sue for two days a fortnight. I pay my way but I know they have been having a bit of a struggle and my ex wife Andrea has now gone back to work, which I strongly oppose. My new partner Libby and I cannot have children and Libby would be perfectly happy to give up her job to bring up the children. How do I apply for a change in the access rights? Both Gus and Sue say they want this to happen.

Judge refuses agreed divorce petition as couple are still living at the same address... — by Conrad Murray — last modified 2007-05-15 08:45

I applied for a quickie divorce on grounds of unreasonable behaviour. My husband did not want to divorce but we consulted solicitors and in the end agreed and I paid the fees. We also agreed all the financial arrangements as I own the house we live in and my husband came here with everything he owned in the boot of his car. We have been married for nearly seven years but have not had a sexual relationship since May 2005. The papers were sent off, my husband had his copy, filled it in and agreed to everything and I thought that would be it. I have now had papers back from the court saying that the case as pleaded does not amount to unreasonable behaviour on the part of the respondent and if I wish to pursue the case it will have to be proved in open court as we still live at the same address. Is there anything I can do now? For instance can I apply for the next stage for trial before a judge and include a letter stating the facts rather than having to get up in court to discuss our sexual relationship.

Separated years ago and both lived independently: is my wife entitled to make a financial claim if we divorce? — by Conrad Murray — last modified 2007-05-15 08:54

I have been separated from my wife for many years and have been living with a new partner for some time. My children with my wife were recently taken from her and placed in care and she has finally decided to divorce me. The children issue is not relevant as this is being sorted out with the current case, but my wife has asked for financial payments (lump sum, maintenance etc.) and I am wondering if this would be enforceable as we have had no contact for the ten years and have been completely separate and self sufficient in all that time. I am on a low wage (under £200 a week) and depend heavily on my partner to support me. We live in council rented property and the matrimonial home was rented. When we split she had everything with me keeping only my car and my clothes. I have no pension. What would she be entitled to, and would she be entitled to anything I have with my new partner?

Divorce would mean low income person would have insufficient assets and earnings to buy replacement property — by Conrad Murray — last modified 2007-05-16 07:18

We have two children but only one under 18. We have discussed divorce but I am worried I will not have enough money to buy a place to live. With the sale of the house and the proceeds split between us we both would get £100.000, but I only earn £12,000pa and this is not enough to get a mortgage to but a property in the south east. My husband earns £40,000 plus. Am I entitled to any of his money (apart from one dependant's maintenance) for my own mortgage?

Unrevealed debts and other woman means marriage broke down after weeks — by Conrad Murray — last modified 2007-05-16 07:51

I have been married 8 weeks and discovered my marriage is a farce. My husband has declared his love for another woman and is forcing me to leave the rental accommodation as it is in his name. I am having to move back to my parents but I have substantial joint loans with my husband. I have since discovered he did the same to his ex-wife the minute the money ran out. He is moving his new girl in on Thursday when I leave. I also discovered he declared bankruptcy to clear previous debts and has a criminal record which he hid from me. He receives an army pension, but am I entitled to any of it as I was not married for very long. Come to that am I entitled to anything at all? I sold my house and moved to another city to be with him and now I am left with nothing. He has a house full of furniture he said I could have but knows I can't take any of it with me, also a computer he bought because mine kept crashing. Need advice urgently as he has started turning nasty.

Rights of couples and their children in common-law relationships — by Conrad Murray — last modified 2007-05-16 19:29

My partner and I are living together to see whether we get on. We don't have children yet but what rights do we all have?

In what way is a cohabitant in a common law marriage disadvantaged? — by Conrad Murray — last modified 2007-05-17 08:01

In England and Wales common law marriages were abolished as providing legal rights more than 250 years ago and women who cohabit have far fewer rights when a relationship ends than women who are married and divorce. However in Scotland cohabiting couples staying together for a long time are treated by Scottish law as if they were married under the legal state "marriage by custom and repute."

Cohabiting couples: who has rights over the family home? — by Conrad Murray — last modified 2007-05-17 21:31

If a couple are married then the law assumes they have a share in the value of the family home and whose name it is in is largely irrelevant as the court will view it as a joint asset to be divided up should the marriage break down. But if the couple are unmarried the law is only concerned who is the legal owner of the property and one partner - usually the woman - may lose out.

Ex-wife attempts to claim on estate of deceased former husband... — by Conrad Murray — last modified 2007-05-21 16:50

Can an ex wife have any claim on the estate of her former husband if he had, over 10 years ago, transferred all his finances to his new wife, now, widow, except the house which was in joint names. His will stated that he named his new wife as sole beneficiary...

What are the grounds for unreasonable behaviour and if we divorce, is my wife entitled to half my businesses? — by Conrad Murray — last modified 2007-05-30 08:26

On what grounds can I commence divorce proceedings against my wife for unreasonable behaviour and if I proceed to do so what claim will she have on my businesses, to which she has contributed neither time nor any effort?

How easy is it to withdraw a divorce petition once it has been served? — by Conrad Murray — last modified 2007-05-30 09:28

If a petition has been served on my wife for divorce and I now want to withdraw it, how easy is it to do and how do I do it?

Non-disclosure of material financial information at time of divorce: can I make a further claim?