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Statement of case on D8 d.i.y divorce

  • Debshady
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17 Feb 15 #456345 by Debshady
Topic started by Debshady
I am filling in form D8myself and have been advised by the Citizens advice to put the following down as the statement of case, is this enough?

The marriage had not been happy for sometime. I had reason to believe from my husbands conduct that he had committed adultery and he admitted this to me when I confrunted him. At the present time we still live in the same property while we are sorting financial matters out via mediation. We no longer share the same bedroom and are living separate lives.

My husband has agreed to a divorce on the grounds of adultery and is basically visiting his girlfriend every other weekend in Belfast. We still live under the same roof with our 8 yr old purely due to I am not working (still undergoing cancer treatment). Husband works in the uk still and is paying the bills and mortgage. We are starting mediation in March. I qualify for legal aid for the mediation (thank god) but can''t afford a solicitor for the divorce, hence posting on here for advice.

Please help.

  • rubytuesday
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18 Feb 15 #456353 by rubytuesday
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Hello Debshandy, welcome to Wikivorce, I''m sorry you have a need to be here, and I am sure that you will find our friendly community supportive and helpful.

The wording for a Petition based on the fact of adultery should be something like this:

The respondent admitted committing adultery with an unnamed woman in [month][year] and as a result the Petitioner found it intolerable to live with the respondent. The respondent left the marital home in [month][year] and continues to live separate and apart from the Petitioner.

If you have lived together for more than six months after becoming aware of the affair, then you will need to use Unreasonable Behaviour, as adultery will no longer be acceptable by the Courts. (see (s2(1) MCA 1973).

You may find our Divorce Guide useful - Wikivorce DIY Divorce GUide

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