Adultery - is this 6 month rule correct?

I don't know about the six month rule, but what about "unreasonable behaviour" - is he likely to contest the petition - I gather, in my very limited experience, that it is most unusual for any petition to be contested so it is a matter of convincing the court that a decree should be granted.

My x2b committed adultery, I was aware of this 2 days after he left me. I asked my sols if I had to make an application within a time slot of 6 months to use adultery in my divorce and he said "NO". As I was still in a bit of shock at the time I didn't ask for exact time lines for this, will do next time I chat to him.

Quote from section 1 Matrimonial Causes Act 1973

"2.
Supplemental provisions as to facts raising presumption of breakdown.
— (1) One party to a marriage shall not be entitled to rely for the purposes of section 1(2)(a)above on adultery committed by the other if, after it became known to him that the other had committed that adultery, the parties have lived with each other for a period exceeding, or periods together exceeding, six months."

Living with each other means as man and wife so, for example, if someone consults a lawyer with regard to divorce within 6 months of being aware of their spouse's adultery they haven't 'condoned' it even if they stay in the FMH whilst arrangements are settled.

I don't altogether agree with Fiona's post. The key phrase is "as man and wife" (rather coy) and this means that sexual relations continue. If you are seen to have resumed sex with him for a period (or periods) which add up to 6 months or more after discovery of the adultery you are deemed to have condoned it. You then can't rely on it in an adultery petition. You could still rely on it in a behaviour petition as part of a wider history of unreasonable behaviour though.

But if you remain in the house because you have nowhere else to go, and you don't sleep together etc, then you aren't condoning the adultery.

But it is true that defended divorces are rarer than hen's teeth.

Will C

Wscowell is right. The most effective way to petition for adultery is to do it within 6 months of its discovery. The longer it is left the harder it will be to prove that that the amrriage has broken down irretrievably, especially if the other half is bloody minded.

Yes, the 6 month rule is correct (but NB ensure the exact words are correctly applied) but in practical circumstances this consideration is likely to be irrelevant.

The Court undertakes no enquiry as to the truthfulness of the matters set out in the Petition. They don't have the resources. If you and the X2B agree that the marriage has broken down and should be dissolved, neither of you is likely to try to trip the other up by saying: "You found out about my adultery more than 6 months ago" or "I haven't belittled you in public for at least 6 months" or whatever the precise facts may be.

In practice it needs a little care, but is very rarely a significant obstacle. A little care is needed in drafting the Petition, that's all.

Will C