In January 2006 my husband I separated and I left the FMH and went to live with my mother for a short period followed by rented accommodation. I had a solicitor draw up a deed of separation to protect my interest in the FMH (mortgage free). We agreed that we would file for divorce after 2 years separation but I am not sure if this was documented in the deed ( I don't seem to have a copy for some reason!).
My husband has now cohabited for a period greater than 6 months and has remortgaged the FMH to pay me 50%. All other financial issues between us are settled and we share residence of the 3 children (18/14/9) on a weekly basis.
I would like to proceed to divorce now as we both have new partners and I would like to remarry. Could anyone advise please if we have to wait until the 2 years are up (February 2008) as stated in the deed of separation or can either of us petition against the other on the grounds of adultery? My ex has stated that he is not prepared to pay the costs of petitioning after the expense of remortgaging so I guess it would be up to me to petition anyway. If we divorce on different grounds to that stated in the deed of separation would that invalidate the deed? Grateful for any advice.