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D8 Form and Adultery Deadline Help

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Wealdenlady
Posted by
Junior Member

01 Mar 21 - 01 Mar 21 #515949 by Wealdenlady

Topic started by Wealdenlady

Hi all,

We're about to complete the D8 form with adultery as the grounds for divorce.

I've read on a few solicitor websites that the form needs to be sent within 6 months of discovering the affair but I can't find any reference to this 6 month time limit on the actual form. Where is this stated officially?

Thanks very much.

Last edit: 01 Mar 21 by Wealdenlady.

rubytuesday
Moderator

01 Mar 21 #515951 by rubytuesday

Reply from rubytuesday

S2(1) of the Matrimonial Causes Act 1973:

One party to a marriage shall not be entitled to rely for the purposes of section 1(2)(a) above on adultery committed by the other if, after it became known to him that the other had committed that adultery, the parties have lived with each other for a period exceeding, or periods together exceeding, six months.

Wealdenlady
Posted by
Junior Member

01 Mar 21 #515952 by Wealdenlady

Reply from Wealdenlady

Thanks for your reply. We’re not living together so that’s fine (phew!) but I read somewhere else that we can’t divorce on grounds of adultery if 6 months have passed since the act was discovered? Perhaps I’ll trawl through the legislation you’ve referred to. Many thanks.

rubytuesday
Moderator

01 Mar 21 #515953 by rubytuesday

Reply from rubytuesday

The six months timeframe only applies to those who have continued to live together after becoming aware of the adultery. The legislation is clear in stating this.

The six month thing is often misinterpreted to what you have read elsewhere - ie that you can't rely on adultery if more than 6 months have passed since you became aware. This isn't what the law says .

Wealdenlady
Posted by
Junior Member

01 Mar 21 #515954 by Wealdenlady

Reply from Wealdenlady

Oh brilliant. So glad to hear that. Thank you so much for clarifying.

rubytuesday
Moderator

01 Mar 21 #515955 by rubytuesday

Reply from rubytuesday

You're welcome ?

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