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UB as grounds due to Same-sex affair

  • Matybigfro
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28 Jul 14 #440720 by Matybigfro
Topic started by Matybigfro
Hi

Earlier this year I found out my Wife had been in a itimate relationship with another woman, on confronting her about this she has admited that she was a Lesbian, that the relationship had been going on for about 6 weeks and the marrige was over. We''ve been seperated about 3-4 months now, have no kids and major financial commitments and those we did have are pretty much all taken care of now. As such I''d rather not spend additional money to get solicitor''s involved and would prefer to take care of things myself as I have spoken to my Wife and she will not contest/defend.

Having done some online reading I realise that I cannot use Adultry as grounds for divorce due to non-same sex, my main question is on it''s own is this enough to constitue unreasonable behaviour, can I simply give this one fact or will I need to elabourate on this to provide what seems to the recomended 4-5 examples

  • rubytuesday
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28 Jul 14 #440721 by rubytuesday
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Welcome to Wikivorce, although I''m sorry you ahve a need to be here.

You are right in that a same-sex relationship can''t be cited as adultery as no sexual intercourse between a man and a woman has taken place. It is grounds for UB - but a Petition for UB requires the Petitioner to list 5 examples of the respondent''s unreasonable behaviour - this can include anything from an inappropriate relationship to not putting enough sugar in the petitioner''s tea (this last example has actually been used in a petition!) Each example must be separate and demonstrate a different behaviour - the usual ones are things like a lack of intimacy, lack of communication, lack of support during a difficult time, etc.

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28 Jul 14 #440734 by Matybigfro
Reply from Matybigfro
Do all the examples have to be within a 6 month time frame?

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28 Jul 14 #440735 by rubytuesday
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Yes - during the last 6 months you lived together as husband and wife.

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28 Jul 14 #440739 by Matybigfro
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Would the below be sufficient?

The Respondent formed an improper relationship with a woman whose identity and address the Petitioner does not wish to disclose in February 2014.

The Respondent hid the aforementioned relationship from the Petitioner from February 2014 to March 2014, during this time the respondent frequently lied about her location, activites and the nature of the relationship

During the period from December 2013 to March 2014 the Petitioner expereinced a lack of marital affection from the Respondent, during this period also there was a lack of marital sex.

On 8th of March 2014 the Respondent informed the Petitioner of the nature of the aforementioned relationshp and informed the Petitioner that ''She was a lesbian'' informing the Petitioner that they would no longer share a bedroom and indicated that the relationship between the Petitioner and the Respondent was over.

By way of example, the Respondent often takes this woman out to dinner and spends large sums of money buying her presents and on occasions has stayed overnight in the same hotel room as the woman concerned.

As a result of the Respondent’s unreasonable behaviour, the Petitioner found it impossible to continue living with the Respondent. Consequently, the Petitioner permanently vacated the former matrimonial home on the 28th day of March 2014 since when the Petitioner and the Respondent have lived entirely separate and apart.

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28 Jul 14 #440757 by Action
Reply from Action
I''m no expert but I think all these points are too tied in with the ''inappropriate relationship'' which should be one point only. You could probably have another as ''lack of intimacy'' and maybe another as unreasonable spending of marital money (but no mention of the lesbian affair being part of that). You then need to think of two more.

I can see that you want it in the Petition exactly what has happened but try to just see it as a ''means to an end''.

  • juliette0307
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28 Jul 14 #440780 by juliette0307
Reply from juliette0307
I cannot believe how archaic english law is!! SAme sex affair is not adultery :blink:

Anyhow, as far as UB is concerned, my solicitor kind of made up if load of reasons:
- lack of emotional support
- staying away from marital home
- causing distress by not communicating with the petitioner

They were true, but it took her 5mns to put them in words suitable for a divorce petition.

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