Adultery
Adultery is a complicated ground to use to prove the breakdown of your marriage.
There are three points to be aware of:
- Adultery is when your husband or wife has had sexual intercourse with someone of the opposite sex.
- Adultery cannot be used in same-sex relationships.
- You cannot file for divorce on the basis of your own Adultery.
- You must file for divorce within six months of finding out about the Adultery taking place.
You must prove that either through actual admission or through sufficient circumstantial evidence your spouse has had sexual intercourse with another person of the opposite sex and that you find it intolerable to live with them.
If a sexual liaison short of sexual intercourse has taken place, it’s suggested that the unreasonable behaviour ground is used as you cannot proceed on the grounds of your own adultery.
It doesn’t matter if you are still living together or have separated providing it’s within the six-month time period.
Key Experience
Actively advising clients on matters related to domestic abuse, harassment, molestation, retrieving costs on behalf of clients etc., against their partners
Successfully acted for a father whose child was in primary care of the mother.
Successfully made a financial claim and settlement for our client who had not dealt with finances during her separation.
Acted for a client who was subject to regular domestic abuse which involved the kin of the victim witnessing and being in the same environment.
