My wife and I split up 3 1/2 years ago. No ones fault, we just fell out of love with each other.
After 4 months seperated, I entered into a new relationship. My wife also has a new partner.
I have just read somewhere else that it is adultery if you have sex with another person whilest seperated.
My "girlfriend" and I split up, and I am in a current relationship with someone I wish to marry. Her partner is out of the picture for a while but will be back next year.
My current girlfriend is a Philippine national who has not visited the UK and only seen my children on webcam.
I was going to file for divorce under the 2 year seperation, but my wife is blocking consent.
My wifes problem is that my girlfriend has never met the kids and I am forcing her into their lives.
Can I file for divorce under adultery?
Would I be the adulterer as I was the first one to have a new relationship?
I have no contact with my ex-girlfriend, would she need to be contacted?
The biggest question is can my wife contest or block the divorce on these grounds?
Adultery can only be used as grounds for divorce if it is admitted. As you have been separated for more than two years, you can use two years separation but your ex would need to be in agreement. Either of you can use unreasonable behaviour or you can wait until you've been separated for five years After that time, no agreement is needed. Of course before then the new divorce legislation that's been held up first by Brexit and now Covid may be in place.
Have you ever met this lady in the flesh? I would sound a note of caution. We have had many members who have married people they met abroad or online and then discovered the marriage was just a ploy to get to the UK and obtain citizenship.
As far as the children are concerned, I think you do have to tread carefully when introducing new partners. Perhaps your ex shares the concerns I have expressed above?
If your ex does not give consent then your only options are to wait 5 years or file for unreasonable behavior.
You cannot file for divorce based on your own adultery and there are problems with filing for ex's adultery as she could refuse to admit/consent and you would need concrete proof to progress the case (e.g. a baby with a third party).
The date of separation is the date the marriage was over, which might be different from the date of moving out of the family home.