Breakdown of marriage is a tough event to deal with, for you as well as your family. And if divorce is sought for because of adultery, it becomes even more devastating for the person who is cheated upon. A person goes through a turmoil of emotions that make each day hard to deal with while living with the person who has been unfaithful.
There are five reasons for which you can apply for a divorce:
1. Unreasonable behaviour
2. Desertion, that is, your spouse has left you with the intention to end the marriage and without your agreement for more than two years out of the last two and a half years.
3. Separation for more than two years and your spouse is on an agreement to end the marriage.
4. Separation for more than five years and it does not take the wish of your spouse into account, whether they agree to the divorce or not.
Now adultery has some misconceptions about it. You may have a different definition of adultery, but adultery refers to “sexual intercourse between a man and a woman” in the legal definition.
Adultery only covers sexual intercourse. It does not include texting, kissing, touching a person or in general any lesser form of sexual gratification. It does not include cheating on you by having a sexual relationship with a person of the same sex. Homosexuality is not included in adultery, as the definition only includes heterosexual relationships and you will have to file for divorce on the grounds of unreasonable behaviour or as your solicitor suggests. It is also not adultery if your spouse cheated on you by having sexual affairs before your marriage. It would be adultery only if it continues while you are married.
The Time within which you should File for a Divorce Petition
There’s a time frame for you to seek divorce on the grounds of adultery once you have come to know about your spouse’s infidelity and that is six months. If you take longer than six months to take action, it will not be valid as it will be considered that you accepted the infidelity of your spouse. Also, for those six months, you are not supposed to be living as a couple with your spouse after his/her unfaithfulness came to your light. By “living as a couple” we mean, the way you have been living by sharing the same home, same space etc. So, if you are going to use adultery as a reason to break your marriage, then once you have come to know about the infidelity you either leave the house or you make your partner leave. If you’re practical and concerned about issues such as rent or payment of mortgage etc. after one of you leaves, then you may consider signing a “separation agreement”.
Filing for a Divorce Petition
When filing for divorce, you are supposed to submit a divorce petition to the family court or divorce centre nearby. You will fill the name and address of yourself, your spouse, your children and the person with whom your spouse committed adultery with, that is, if you choose to name the person. All of this, among some other data, needs to be filled out in the D8 forms and submitted along with the fees.
If you have Committed Adultery
If you are the person who has committed adultery and are seeking a divorce, then you cannot use this as the reason for the breakdown of your marriage. You will have to choose a reason from among the rest four of the five reasons to file for divorce. Bear in mind that if your partner is aware of your infidelity and you are trying to seek a divorce, then it may result in a conflict. To avoid such a situation, you would need legal support and advice. You may consultOsbourne Pinner to know the best course of action for yourself.
Impact on your Case with Osbourne Pinner
Osbourne Pinner realizes that a breakdown of a marriage, that too when you have been cheated upon can be hard on you. Therefore, our team of highly professional and expert solicitors in divorce and family laws will help you go through the process swiftly and smoothly without any hassles. Our team will take care of the proceedings and paperwork and provide you with a strong representation. We realize the repercussions and needs of each case from the experience of representing many clients, and so, we can provide you with the best possible advice to you for your next course of action. We have our doors open to listen and thoroughly discuss your case with you and provide guidance and advice that will ensure your interests are well taken care of, whether in divorce settlements or your financial settlements. Osbourne Pinner can deftly manage your case and move the result in your favour. Feel free to come and discuss.