A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Lines open: Monday to Friday 9am-5pm
Call for FREE expert advice & service info


What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.


Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.


Reason for divorce - adultery or two yrs sep?

  • waterfalls
  • waterfalls's Avatar Posted by
  • New Member
  • New Member
More
20 May 12 #331867 by waterfalls
Topic started by waterfalls
Hi there

Apologises if this has already been asked but I have searched around and can''t seem to find an answer.

I''m not sure what reason I should/can put down for my divorce. My husband committed adultery, which I found out about three days after, and since then we have been separated (never living together or attempting to resume our relationship). That was over four years ago so

- can I put adultery down (thought I read somewhere that it had to be within 6 months of finding out)?

- or should I put 2 years of separation (thought about citing the reason for this separation was because of his adultery)?

We are both in agreement about the divorce so I am not anticipating any issues, just want to make sure I don''t make any legal mistakes.

Any advice gratefully received! :)

  • Lostboy67
  • Lostboy67's Avatar
  • Moderator
  • Moderator
More
20 May 12 #331872 by Lostboy67
Reply from Lostboy67
Hi
Welcome to wiki

Does your s2bx want a divorce ? If he does then 2 years seperation is going to be the most straightforward way to proceed.
The difficulty with using Adultery is that there is high level of proof required, either a confession, a child, or some incriminating photos.
If your s2bx is not agreeable to 2 years seperation, you could go down the Unreasonable Behavior route, or alternativly stick things out for another year and divorce on grounds of 5 years seperation.

If you are both in agreement about the divorce and have also agreed between yoursleves the financial settlement and arrangements for children (if any) you might want to concider the DIY approach which will be the most cost effective way of doing things.

LB

  • Nota
  • Nota's Avatar
  • Elite Member
  • Elite Member
More
20 May 12 #331873 by Nota
Reply from Nota
Hi

Welcome to Wiki.

I''d put down the 2yrs sep, keep it simple.
There are lots of info on the forum pages and helpful tips at the little top boxes of each page.

Hope it helps.

  • cookie2
  • cookie2's Avatar
  • Platinum Member
  • Platinum Member
More
20 May 12 #331877 by cookie2
Reply from cookie2
Only use 2 years separation if you are sure he will give consent. If he does not (for whatever reason logical or illogical) then you''ll be stuffed. It''s not easy (therefore expensive) to change grounds, so make sure you know 100% that he will give consent first.

  • waterfalls
  • waterfalls's Avatar Posted by
  • New Member
  • New Member
More
23 May 12 #332493 by waterfalls
Reply from waterfalls
Thanks everyone for your advice - much appreciated.

Yes, he says he wants a divorce and I hope that we can sort out finances and childcare between ourselves.

Part of me wanted the adultery part to be written down so that there is actual proof of his behaviour (and he does admit to it) though perhaps I need to be the bigger person and rise above this temptation, in case, when the time comes, he refuses to agree to this causing more grief and stress.

Thanks again - good to know there are people willing to help a stranger! :)

  • cookie2
  • cookie2's Avatar
  • Platinum Member
  • Platinum Member
More
24 May 12 #332604 by cookie2
Reply from cookie2
It would be sensible to seek his written consent that he will agree to a divorce based on 2 years separation. You should complete the form and send the draft to him for approval before sending it to the court. Ask him to confirm in writing that he will consent to the petition.

If he refuses or doesn''t reply, you should use unreasonable behaviour.

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11