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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33953
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 have a judicial separation order from court three years

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I have a judicial separation order from court three years ago and since then we have lived apart.Recently,i am in a relationship with a girl and we are planning to get marry.However,my wife found out and she is not happy and threaten to file a divorce
petition using adultery as reason and she claimed that she has checked on the law and cases whereby she can claim damage from me and my girlfriend.What should I do and what is my rights?And,i am confused where i read through some artivles written by lawyers,some
said i am not guilty,some yes.
Submitted: 1 year ago.
Category: Family Law
Expert:  Thomas Judge replied 1 year ago.
what was the reason for the judicial separation rather than divorce?
Customer: replied 1 year ago.
Unreasonable behaviour.My wife filed it.
Expert:  Thomas Judge replied 1 year ago.
Yes - as strictly speaking you do not have ownership on the basis that title has not passed to you. I would imagine that the car company would be delighted to agree a deal particularly as the value of the car will have depreciated and the owner has moved to Spain. Happy to discuss. Please remember to rate positively
Expert:  Clare replied 1 year ago.
HI
Thank you for your question
My name is ***** ***** I shall do my best to help you
The Adultery ground cannot be used as it is a requirement that she also "no longer feels able to live with you"
Since she was not living with you anyway then she cannot fulfil that part of the requirement for the ground
I would also add that there is never any question of damages being paid for adultery in the Uk
Please ask if you need further details
Clare
Expert:  Thomas Judge replied 1 year ago.
Why did she mention damages?
Customer: replied 1 year ago.
As what you replied,there won't be any damage claims upon me and my girlfriend on the adultery?can i say that i can have a relationship with anyone i want or even sexual activities after judicial separation without my wife filing a divorce petition on adultery ?is there any law or cases to support this as i have searched all the possible website and laws in UK but cant find any solid grounds for this?
Expert:  Clare replied 1 year ago.
HI
There are never any "damages" paid for adultery in the Uk - the only consequence is a divorce.
Your ex can certainly try petitioning for a divorce based on adultery - and if you wish the marriage to end then you may well be able to ensure that it goes through
However if you wish to defend the matter then you can defend it on the basis that you were no longer living together
Clare
Customer: replied 1 year ago.
So what you mean is a particular person can have another relationship after judicial separation although legally that the person is still married?Can my wife subsequently allege adultery as a ground for divorce when the ground for judicial separation are still intact?Have you come across any case study in UK which is similar to my situation here?
Expert:  Clare replied 1 year ago.
Hi
May I ask why you do not want a divorce?
Clare
Customer: replied 1 year ago.
Dear Clare,I have two young children and they are staying with my wife ( or ex-wife). They don't know that I am having a new girlfriend. I love them very much and they are reluctant to accept that both of us are going to divorce. These has affected them mentally and they seem to be very unhappy. I hope the best for my kids. For the sake of my kids, i try not to divorce with my wife but i need to tell my wife that i have rights to live with someone else after the judicial separation. I have told her this and this is what she replied me:If your spouse has sexual intercourse with another while married to you, it is adultery. But in order to petition for divorce, you have to establish not only that adultery has taken place, but also that you find it intolerable to live with your spouse. If you have already separated the first part is correct, but the second is not. - Quoted from Marilyn Stowe's blog.My wife said i am wrong under the law for staying together with my new girlfriend. I am not sure where my judicial separation is the same 'separation' as what stated above.Please help me. I have searched every where but i cant find anything to convince her that i am rightful to do so and not to divorce at this moment while my kids are small.
Expert:  Clare replied 1 year ago.
HI
How old are your children?
The quote you have given is utterly correct - yes if you sleep with someone else it is adultery - BUT that will not necessarily allow her to divorce you since there is a Judicial Separation in Place
Clare
Customer: replied 1 year ago.
Dear Clare,Which mean I can legally having a relationship with my girlfriend but can't sleep with her? Is that what you mean?My eldest daughter is thirteen and youngest is eleven
Customer: replied 1 year ago.
Why was that with judicial separation she can't use adultery as a causal for divorce petition?
Expert:  Clare replied 1 year ago.
HiIt is highly unlikely that your children will be distressed by a divorce - it is your wife who wishes to avoid itYou have been separated for some time and it is not unexpected that you have formed a new relationship - asyou are fully entitled to do.Technically if you sleep with your girlfriend then it is Adultery.However to issue a divorce based on adultery not only does the other spouse have to prove the adultery (not easy unless it isadmitted by the two people involved) AND that the spouse no longer feels able to live with the adulterer. The second part is the problem for your wife.She no longer lives with you and that requirement has already been dispensed with - accordingly she cannotfulfil the necessary grounds for a divorce based on Adultery.In any event as I said before if there was a divorce it would not be problem if there was a divorce given the fact that there is already a Judicial Separation - the only difference is that you would then be able to remarry if you wish
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33953
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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