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History: Home UK Divorce Forum
Topic:
Help needed (6 Posts)
Started By:
Date:
01 July, 2017 08:52AM
Help needed
John Hird - 01 July, 2017 08:52AM
Hi

I need some general advice on behalf of my partner.

My husband had an affair in 2002 which i found out about.

We continued our marriage and tried to keep it together but i could not continue any longer and did not feel the same after trying to keep the family together..

In 2014 i met someone else and then told my husband that i was leaving. I have now been living with my new partner for 2 years

Since ive left ive also found out that my husband has been seeing someone else.

I understand i have commited adultrey

Now my husband is seeking to divorce me for adultrey..

My question is can my husband do this after living apart for 2 years



Edited 1 time(s). Last edit at 01/07/2017 08:53AM by John Hird.
Re: Help needed
Bubblegum - 03 July, 2017 10:18PM
I'm sure someone will correct me if I'm wrong here but he has known about the affair for two years, therefore accepted it.
I thought there was a six month time frame from when they find out for it to be the reason for the breakdown of the marriage. Will the parties not agree to proceed on 2 years with consent rather than point scoring and shaming the other?
Re: Help needed
John Hird - 15 July, 2017 08:24AM
Thanks for advice.

So after a 2 years + of him knowing of my new relationship
Does he have the grounds to file for adultrey?

Any help would be grateful.
Re: Help needed
Bubblegum - 15 July, 2017 08:44AM
Sorry, I just re-read the original post. You started the affair when you separated and did not carry on having a relationship with your spouse. So the date of separation being used on the petition would be in 2014. So even if he can use adultery grounds, you would need to admit them or he would need to prove that you had sexual intercourse with another. As he wouldn't actually be able to prove this, he will probably have to change the petition to unreasonable behaviour.

Does it really matter. You have admitted yourself in your post that you had an affair. No one sees the petition. Why do you want to oppose the grounds? If you do, He will be able to file on grounds of unreasonable behaviour and state that you have had an inappropriate relationship with another man etc. Any way.
Re: Help needed
John Hird - 15 July, 2017 09:24AM
Ok thanks for your prompt reply
Re: Help needed
davidterry - 15 July, 2017 02:23PM
>>Now my husband is seeking to divorce me for adultrey..

My question is can my husband do this after living apart for 2 years<<

Yes, he can, assuming he can prove it.The time limit for adultery is only relevant if you continue living together after the other spouse became aware of the last act of adultery. In this case you left and therefore there is no question of the adultery having been 'condoned'. If he can prove it your husband can still rely upon it.

This distinction is almost medieval in nature. When you find this type of quirk in divorce law it is usually the result of the religious lobby when the legislation went through Parliament.
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