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Divorce and children - change of name and religion

(9 Posts)
Twinkletoes24 Tue 12-May-15 13:09:32

Hi all,
My DP has 2 DC with his Ex wife, they separated almost 3 years ago after she committed adultery.

He became very depressed and ended up trying to take his own life, he's fine and has taken all the help the hospital offered him, no signs of any mental illness anymore!

After this incident, she began to distance herself and the children and eventually cut all contact between the children and my DP!
He hasn't seen the children for over a year and obviously he gets very upset by this!
She is a strong character to fight but we will do what we have to, to see the children.

We found out last night that she has changed religions and her name completely, only recognisable by a picture of her and the children, we have reason to believe, but cannot prove, she may have also re married a man from a different religion, as they are together and have the same surname, without divorcing my DP, we will be visiting citizens advice/solicitors but as it's quite raw I needed to write it all down and its seemed that here would make sense!

Can anyone offer any legal advice on what happens next?
If he can still divorce her despite her name change and religion?
Will the process with regards to the children still be the same?

I'm sorry if I have gone on a bit and I hope anyone who reads this can understand it to some extent!

cestlavielife Tue 12-May-15 15:16:50

why hasnt he fought to see the dc before now?
how long have you known him?
anyway if he was married under eg english law he can divorce under eg english law. so go to solicitor with all relevant information marriage certificates etcetc.

cannotseeanend Tue 12-May-15 16:09:12

"we will see the children". "we found out".
I am sorry but you really have no right to see someone else's children or get involved.
So he is still married? Then he committed adultery too surely and so did you?

HeadDoctor Tue 12-May-15 16:19:49

Change of name and religion, under English law, doesn't matter so that won't be impacted.

The process regarding the children will have been impacted by the fact your partner has allowed more than a year to pass without seeing his children. His wife's solicitor is likely to ask why no attempt was made, why now and will likely argue that the children don't know who he is or don't want a relationship with him.

I suggest your partner seeks proper legal advice and joins Families Need Fathers and goes to one of their meetings.

cannotseeanend Tue 12-May-15 16:29:07

Sorry very confused by who is married to who.

AyeAmarok Tue 12-May-15 16:35:35

Change of religion doesn't matter a jot (why would it?). Are you in the UK? She might have just changed her name by deed poll.

Why hasn't your DP made an effort to see his children? Has he been paying maintenance?

TwoLittleTerrors Tue 12-May-15 16:35:40

Is this even in the UK? What has religion and name got to do with anything?

TwoLittleTerrors Tue 12-May-15 16:36:09

im thoroughly confused.

LaurieFairyCake Tue 12-May-15 16:44:18

Of course he can divorce her if he married her under UK law.

Yes it sounds like he will need to get mediation and court for contact if she's not willing.

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