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Statement of Case for Adultery

  • CR1980
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7 years 2 months ago #404661 by CR1980
Statement of Case for Adultery was created by CR1980
I was wondering if anyone could give me some tips on writing a statment of case for adultery .

My ex husband left me for someone else after 8 months of marriage and we have now been seaprated for 14 months. He wants to get divorced but I need to file. He has agreed that adultery can be cited even though he says he never slept with her. Can anyone advise the basics I need to write to ensure this goes through under adultery .

Thanks

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  • Forseti
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7 years 2 months ago #404669 by Forseti
Replied by Forseti on topic Re:Statement of Case for Adultery
If he hasn''t slept with her (by which I assume he means he has not had sex with her) then technically it is not adultery and petitioning on that basis could be problematic: you would be obtaining a divorce under false pretences, which could result in prosecution. The definition of adultery is pretty specific.

It is much easier and safer to petition on the basis of unreasonable behaviour. To do that you need 5 or 6 incidents, including the first, the most recent, and the worst.

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  • rubytuesday
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7 years 2 months ago #404671 by rubytuesday
Replied by rubytuesday on topic Re:Statement of Case for Adultery
Hello and welcome to Wikivorce.

You should only state the facts that lead to your marriage break-down, if he says he hasn''t committed adultery , then why petition on those grounds? You will be relying on him to sign the relevant paperwork admitting to something that he claims he hasn''t done. If he doesn''t, then your petition won''t proceed any further.

The definition of adultery is consensual sexual intercourse between a married person and someone who isn''t their spouse - the old-fashioned phrase "sleeping with someone" could mean just that - they have slept together but not had sexual intercourse as adultery is organ-specific and requires a penis to be entered into a vagina.

However, he has obviously been having an inappropriate relationship with someone, and I''m sorry that his behaviour has led you down this path after such a short time together :(You could use this inappropriate relationship as one of your unreasonable behaviour grounds.

If he wants the divorce then why isn''t he petitioning you? You could let him wait a while, while you set the wheels in motion (of course, you could take a few months to do this ;)) - it sounds as though he wants a divorce but wants you to pay for it.

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  • CR1980
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7 years 2 months ago #404879 by CR1980
Replied by CR1980 on topic Re:Statement of Case for Adultery
Thanks for the advice.

He wants to get divorced as quickly as possible which is why he has agreed to adultery . I wasn''t sure how easy it was to file for divorce under unreasonable behaviour and I didn''t think he could apply for divorce as to do so it doesn''t fall under any of the deciding factors. The only one is separated for 2 years which he will need to wait for another 9 months or so. He has also agreed to pay for it as we do not need a solicitor as no property or children to argue over.

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  • dukey
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7 years 2 months ago #404883 by dukey
Replied by dukey on topic Re:Statement of Case for Adultery
You may not think you need a solicitor but I doubt you have looked at all the forms required to complete the divorce, so many fall at the first hurdle and receive the standard letter saying you are not entitled to a decree of divorce, then a reason/s.

As said UB is the way to go, the fact you no longer live together says it all, all you really need is a solicitor for the paperwork, it can be done for £179, avoid cheap online services that do not use real lawyers though, or it''s out of the frying pan and into the fire.

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  • CR1980
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7 years 2 months ago #404888 by CR1980
Replied by CR1980 on topic Re:Statement of Case for Adultery
Well he has left it for me to fill in all the paperwork and then send on to him so he can send off and pay because I refused to pay any costs since he''s the one that left me.

I didn''t think we would need a solicitor but I haven''t sat down to look at the paperwork properly yet and do need to do this but I suppose I have been putting it off because I know its a horrible thing to do.

Now I feel really confused on what to do,I had to argue it out with him to even pay for the application so I doubt he will pay anything more especially if it involves a solicitor. Just feels all very unfair as I have been the one that has been left and now I am expected to fill out the paperwork to divorce.

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