In English law, a co-respondent is, in general, a respondent to a petition, or other legal proceeding, along with another or others, or a person called upon to answer in some other way. [1]
Divorce
More particularly, since the Matrimonial Causes Act 1857, in a petition for divorce on the ground of adultery, a co-respondent is a person charged with misconduct with the petitioner's spouse. [2]
As of 2007 [update], alleged parties to a spouse's adultery must be made co-respondents unless they are not named in the petition or the court directs otherwise. [3] [4]
In practice, naming such parties in a divorce petition is discouraged as it may become a barrier to reconciliation. Such parties are only commonly named if the petitioner is seeking costs against them or has some other particular reason. [1] [5]
See also
References
- ^ a b Bond et al. (2007) 7.4.19
- ^ Chisholm, Hugh, ed. (1911). . Encyclopædia Britannica. Vol. 7 (11th ed.). Cambridge University Press. p. 144.
- ^ Family Procedure Rules SI1991/1247, r.2.7(1)
- ^ "Divorce Information". Thursday, 22 April 2021
- ^ The Law Society (2006).
Bibliography
- Bond, T; et al. (2007). Family Law (Blackstone Legal Practice Course Guides ed.). Oxford: Oxford University Press. ISBN 978-0-19-920545-5.
- The Law Society (2006). Family Law Protocol (2nd rev. ed.). London: The Law Society. ISBN 1-85328-984-1.