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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34272
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I previously submitted a divorce application under

Customer Question

Hi i previously submitted a divorce application under adultery however my husband refuses to sign it i was then advised to make an amendment and state unreasonable behaviour but i would like to know if i have made the right amendments

Previously wrote

The Parties Separated On 1st January 2014 When The Petitioner Found Out On The 1st Jan

2014 That The Respondent Had Been Committing Adultery With A Woman Unknown To The Petitioner. The Petitioner Found Out About The Adultery Through Facebook And The Respondent Also Admitted To It.

The Respondent Informed The Petitioner That The Adultery Has Been Ongoing Until November 2013 And Is Unaware If The Adultery Is Still Ongoing. As A Result Of Finding Out About The Adultery The Petitioner Finds It Intolerable To Remain Married To The Respondent And Wishes To File For A Divorce As A Result.

 

Admended

 

The parties’ separated in March 2013 due to the respondent’s unreasonable behavior which the respondent had admitted to this behavior was recurring since May 2008 to March 2013. In November 2013 the respondent stated that the unreasonable behavior had stop but it did not stop. The parties separated on 1st January 2014 when the petitioner found out on the 1st Jan 2014 that the respondent unreasonable behavior had been continuing. had been committing adultery with a woman unknown to the petitioner. The petitioner found out about the unreasonable behavior adultery through Facebook and the respondent also admitted to it.

The respondent informed the petitioner that the unreasonable behavior adultery has been ongoing until November 2013 and is unaware if the unreasonable behavior adultery is still ongoing. As a result of finding out about the unreasonable behavior adultery the petitioner finds it intolerable to remain married to the respondent and wishes to file for a divorce as a result.

Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is ***** ***** I will do my best to help you
I am afraid that this will not be acceptable - you cannot use the adultery by just calling it Unreasonable Behaviour
You need to present four of five specific allegations such as
- For the last two years the Respondent has increasingly withdrawn affection from the Petitioner and has refused intimacy causing her distress. This escalated in the last six months that the parties lived together
- for the last two years the Respondent has been dismissive of the Petitioners looks and has belittled her appearance and actions causing her distress
- The Respondent developed a close friendship with another woman which he refused to give up causing the Petitioner great distress
- The Respondent has told the Petitioner that he no longer loves her and there is no chance of reconciliation
this has caused the respondent grave distress and she no longer feels able to live with the Petitioner
Please ask if you need further details
Clare
Customer: replied 2 years ago.

Hi Clare,

Thank you so much for responses to my question, however my husband and I have not lived together for more than 3 months he has been in jamaica while i have been in England i would make many trips as he was in the police force, his behaviours with other women started from the year we got married 2008-2013. He came over November 2013-January 2014 and stayed with his brother to try and work on our marriage however he would belittle me and stated that i repulsed him. he has written a confession letter stating when and who he had sex with, i have lost children because of all of the stress that he has caused. should I therefore black out all of the first application statement and rewrite as you have advised.

Sapphire

Expert:  Clare replied 2 years ago.
Hi
Do you still have the confession letter and what is the date on it?
Clare
Customer: replied 2 years ago.

Hi Clare

Yes I do 1st July 2011. The dates he has confessed to are from May 2008-March 2011, but it never stop and most of these women were prostitutes.

Expert:  Clare replied 2 years ago.
Hi
In that case use the wording I have given.
Cross out the original (not black it out) words; then write the new words in and underline them in red.
Resign and redate it and also underline those in red
Clare
Clare and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you for your advice Clare will do as you have stated.

Expert:  Clare replied 2 years ago.
Hi
You are most welcome I hope all goes well
Clare