Adultery could be the disturbing reason for a divorce. It could leave serious emotional effects on an individual and one of the major reasons for divorce. Adulterous relationships are often termed as extramarital affairs or infidelity towards one’s partner. Proving adultery might be very difficult even though it may seem straightforward. Proving that your spouse had sexual intercourse with someone of the opposite sex might be very challenging without witnesses.
Proving adultery in a divorce case
You need to be aware of the reality that when seeking a divorce on the grounds of adultery, your spouse is unlikely to agree to this reason. Some studies suggest that at least fifty per cent of the men and 26% of the women are likely to stray from their marriage at least once. If they agree to have done the deed and consequently for the divorce by accepting it, no issues. But otherwise, they may not agree to the breakdown of the marriage or may negotiate on the reason for divorce as it is usually not seen for a person to admit publicly that they have been unfaithful. Therefore, if the divorce petition receiver does not agree to have committed adultery, the responsibility to prove adultery comes down on you. The proof has to be genuine hard proof and such that it explicitly shows that your spouse has had sexual intercourse with another person. It can be anything- a text, letter or video, but has to show that a sexual encounter was there. Nothing less will do. In such a case, naming the person with whom your spouse cheated on you helps. Although, it would be best that before taking any action, you first seek some legal advice from an expert in divorce and family laws, particularly relating to adultery such as Osbourne Pinner. Because naming a person has its own repercussions, such as extra charges to send a petition to that person as well. The person can ignore to respond to your divorce petition, or s/he may collude with your spouse to accuse you of being a jealous and suspicious partner.
If the accused does not admit that they have committed adultery while being married, the case could turn into a lengthy legal process. Factors like someone getting pregnant outside of the marriage or a spouse living with a new partner might become helpful in proving adultery. However, taking action without any advice might be risky for you. Take the advice of an expert and professional solicitor such as Osbourne Pinner.
Impact of adultery on financial settlements
Financial settlements are kind of independent from the divorce proceedings and the reasons for it. Whether the settlements you have reached are via voluntary agreement or court; the settlements are made fair keeping in mind the financial needs of you and your spouse. Shared expenses, loans, and maintenance of children and everything are considered and divided between the two. The misconception that if your partner was unfaithful, then you would get more of the share in finances is wrong. However, if you have committed adultery and reach out for a voluntary financial settlement, then there is a high probability that your partner may ask for more shares out of resentment towards you. This may affect the proceedings and settlements that you may or may not be willing to accept. Therefore, it is wise to keep your solicitor from Osbourne Pinner’s family law team with you while making negotiations so as to keep your interests safeguarded.
The implication of adultery on the arrangement for children
Just as financial settlements are independent of your divorce settlements, same is the case when it comes to arrangement for children. To reach the best possible arrangement, it is best that you keep your differences with your partner aside and think about what’s best for your children.
Involvement of Third Party
The mention of a third party involved in the adultery is optional while you are filing for the divorce. However, naming them might lead to further complications in the divorce case. Still, many people name the third party out of anger.
How Can Osbourne Pinner Help You?
Osbourne Pinner is known to be the experts in divorce & family law in the UK. Their dedicated team can provide a professional service to help you in the divorce process and prove adultery of your spouse. The years of experience makes them specialists in solving complex divorce and financial settlement cases. By providing honest and transparent advice, they have built a strong reputation as professional solicitors in the UK. If you are caught in such a situation and have decided to get separated, Osbourne Pinner is ready to represent you and provide the legal support you would need because your emotions can jeopardize your effective divorce management.