Adultery

Can anyone advise about divorcing on the grounds of adultery?
What evidence is needed?
Naming the person the adultery took place with etc
All information appreciated

A petiton on the grounds of adultery will only be successful if the respondent admits to adultery, signs an affidavit to this effect, or you have proof such as an established pregnancy/child as a result of the affair, or intimate photographic evidence. If you have suspicions that he won''t sign an adultery Petition, then you will need to consider using one ­based on his Unreasonable Behavior.

It is far less problematic to divorce on the grounds of unreasonable behaviour. You can cite one of the grounds as ''inappropriate relationship with a third party''.

Adultery isn''t any quicker than using any of the other established facts (grounds) - a Petition ­base­d on adultery will still follow the same legal process and ti­meta­ble as a petition ­base­d on unreasonable behaviour or separation.

Thanks Ruby
For a UB Petition there would have to be more reasons that just the "inappropriate relationship" one?
If he were to sign an affidavit would the other party have to be named?

For UB, you will around 5 different examples of his unreasonable behaviour that occurred during the last 6 months of you having lived together.

No, the other party doesn''t need to be named.

And those reasons couldn''t be:
1, inappropriate behaviour with a female
2, moving out of FMH to be with this person
3, seeing this female while living in the FMH
etc etc?
The inappropriate behaviour is only one reason and the rest of the reasons have to be totally separate?

The inappropriate behaviour is only one reason and the rest of the reasons have to be totally separate?

Yes, in a nutshell.

There is a "format" to writing Unreasonable Behaviour examples you will need to give:
• details of a course of conduct, or, particular incidents, including dates, but it should not be necessary to give more than about half a dozen examples of the more serious incidents, including the most recent. Evidence is not normally required.

• Tips for Wording:

You will need 5 or 6 differing examples of the Respondent’s unreasonable behaviour that occurred during the last six months of you having lived together as spouses. As unreasonable as the historic behaviour was/is, you can''t state in your Petition that it had been going on for 12 years, you need to use examples that took place during those last 6 months.

Each example must be separate and demonstrate a different behaviour. The most important factor is that you personally find whatever the behaviour is to be unreasonable and that you can''t not be expected to remain in the marriage.

Write each examples as follows:
A short de­­­­­­­script­­­­­­­ion of behaviour, a dated specific example, and how this made you feel.

After you have drafted your examples, finish with this wording:

“The respondent has behaved in such a way that the Petitioner cannot reasonably be expected to live with the respondent.”

The usual reasons given are:

Lack on an intimate relationship/ Support/communication/shared social life or activities/financial irresponsibility/name-calling etc.

Use the search bar at the top of the page to search for more examples.