Q. I married 9 months ago after a whirlwind courtship, a £5000 engagement ring followed by a honeymoon in The Maldives. I have now discovered that my husband is seeing an ex-girlfriend. I do not know how far the relationship has developed but am very upset and worried. We have no children. Do I need legal advice?
A. It may be too soon to call in the Lawyers. Marriage Guidance - known as Relate - may be the answer. Their Counsellor would speak to you and your husband together or separately if you prefer to try and help you through this difficult time. If this does not help, and you decide you want a divorce then you should arrange to take legal advice.
Q Would I be entitled to a divorce?
Almost certainly, but you will have to wait at least another 3 months before bringing proceedings as divorce proceedings cannot be commenced within 12 months of getting married. There is only one ground for divorce - which is that the marriage has "irretrievably broken down" - but you then have to go on to say why it has broken down. There are 5 possibilities namely adultery, unreasonable behaviour, desertion for at least 2 years, living apart for 2 years with consent or living apart for 5 years with no consent.
David's behaviour is certainly unreasonable and possibly adulterous.
Perhaps fortunately there are no children and from a financial point of view the Court would want to place you in the same position financially as you were before you began this short marriage, though you would be entitled to keep your engagement and wedding rings.
Q How long will it take?
Once divorce proceedings begin, the process should be completed within 3
to 4 months. However, the process can be delayed substantially if either
party does not co-operate or if a financial settlement cannot be reached.
Patterson, Glenton & Stracey have 125 years experience of providing legal services to the people of South Tyneside. Their expertise spans the whole range of legal services including property, litigation, matrimonial and wills and probate. Advice in this column is for information only and should not be used as the basis of legal action. Questions about legal problems should be forwarded to Keith Swan at Patterson, Glenton & Stracey, Law Court Chambers, South Shields, Tyne & Wear NE33 1AW.
