False Allegation

[medsecslave]

After many problems my husband and I have decided to divorce. He has now decided to 'name' a friend of ours in divorce proceedings stating we have being having an affair which is a nonsense and just reinforces my reasons for wanting to part. My question is - can people just randomly make up lies in divorce proceedings and what about the person he is naming? Is he able to sue for slander? I feel emotionally drained - how do I prove I am innocent?

[happyjo]

Your husband can cite another person in divorce proceedings, however, he must have proof or reasonable suspisions that you have committed adultery.

You can defend the allegation, and the courts would look at all the evidence presented.


Get yourself a good divorce solicitor, and they will advise you properly.

Suing for slander is an extremely expensive business, your friend must feel damned by these allegations, but taking your husband to court may only inflame the situation and make for juicy gossip.

Again, seek legal advice asap.

Good luck!!!!!!!!

J x

[fredpuli47]

Are we to understand that he a) has been to a solicitor and b) issued a petition in which he names your friend as the other party? Or is that no petition has been issued yet but he is saying that he will be naming your friend ? If the latter, wait and see.You may be fretting about nothing at all. People contemplating or intending divorce often say things or threaten things which never materialise in practice.One consequence of naming someone is that the petitioner ends up with two angry people against him, both of them honestly intent upon calling him a liar or fantasist, on oath if necessary This does NOT assist him in his case !

[medsecslave]

Hi - he hasn''t seen a solicitor yet so at the moment it's just a threat but I think he's wanting to score points. As far as I'm concerned with two grown up children, surely it's just a straightforward 50/50 split. He wants to drag up arguments from 20 odd years ago to discredit me, I really can't be bothered with it all, surely we don't have to prove who is the better person and who deserves the most? We both want the divorce so I can't understand what he's trying to achieve.

[fredpuli47]

Well, wait until he's seen a solicitor. Solicitors spend more time calming clients down and trying to get them to see sense than you'd ever imagine!