It has been just over a month since the new divorce form, which starts divorce proceedings has been introduced.
There are now guidance notes on completing the form on the right hand side of the boxes you have to fill in; and concerns have been raised about whether individuals completing the form (without the benefit of legal advice) are more likely to name the person who their spouse has committed adultery with when citing adultery as the fact for the breakdown of their marriage.
In 2015, figures showed adultery was cited as the reason for divorce in over 12,000 cases. When advising a client in relation to divorce, it's rare I would advise my client to name the person their partner had an affair with because they are then party to the divorce proceedings and this can make proceedings more complex.
Whilst the new look form is intended to be easier for individuals representing themselves to complete I understand the concerns that the way section 8 of the form is drafted, many could be tempted to name the person their spouse had an affair with but only time will tell the impact of this, if so.
If you're considering getting divorced or have received paperwork from your spouse - please feel free to contact me if you'd like some clear and concise advice on 01865 781183 or firstname.lastname@example.org
A new "DIY" divorce form designed to speed up the process could lead to thousands more people being accused of adultery, lawyers warn. The new form, which was introduced on Monday, prominently includes a dedicated section for a petitioner to fill in the details of "the person your partner committed adultery with". Anyone named on the form becomes party to the case and receives a letter letting them know why - leading to the possibility that many more people could receive documents telling them they have been accused of adultery. Applicants do not have to name the person they believe tempted their partner to stray - but experts are concerned that many more could fill in the section either through misunderstanding or deliberately, to get back at their former partner.