Yes, I have several...
Can I use adultery for a ground for divorce, even though I agreed to reconciliation after finding out. We attempted this over a 2 yr period, although he was working in Barcelona, so only home at weekends. As I can only cohabit with him for 6 months after finding out about the affair, is it only the weekends that will be counted towards this 6 month period (in which case I will be under that) or the entire 2 yrs (even though only seeing each other at weekends)?
If he does not admit to adultery to the court, I presume it is impossible for me to prove it. In that situation can I base it upon unreasonable behaviour? Although I have to admit he has not behaved badly, apart from the affair. Howevver, am I going to face the same problems due to reconciliation of 2 years, albeit at weekends?
On these facts, if you raisethe issue, you would struggle with adultery, purely because of yourreconciliation. Just because it was weekends only is immaterial
Unless he admits adultery, mysuggestion would be to forget that is grounds for divorce, reconciliation or not.
The fact that continues tolive in Barcelona and will not return to the UK to live as husband and wifemight be grounds for unreasonable behaviour and to be frank, it is notdifficult to put together a case for unreasonable behaviour.
It might be worth having achat with him because remember that a petition for adultery is short, sharp andto the point, and there is no reason to mention anybody's name. You petitionfor it, and he agrees to it. Bang, done and dusted.
In addition, any solicitor'scosts are possibly going to be lower because there is no arguing.
Mention to him also but it doesn'tmatter why you get divorced and who is at fault, any financial settlement isexactly the same. The court does not apportion blame.
If you are unreasonable,speaking terms, by all means, show him this thread, or ask him to post aquestion if he thinks that you may not be altogether straight with him
Can I help further?
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Thank you for your reply.
I have been searching the internet and law websites all day, to find out that it says in s.2(1) of the Matrimonial Causes Act 1973 that if after finding out about adultery you live with them for more than 6 months, OR A PERIOD EXCEEDING 6 MONTHS, that will be a bar to me using adultery. Where in the legislation does it say that cohabitation is still classified if 1 spouse lives abroad, the law implies they have to live together under the same roof. Surely the weekends need to be added up to see if they exceed 6 months? If that is not the case, where is the legislation/case law determining this?
When searching I have seen it is relevant to cases of divorce on desertion and living apart for 2 or 5 yrs, but cannot for the life of me find any legislation in the MCA 1973 relating to couples who have attempted reconciliation but live seperately for the majority of the time. All legislation in this respect seems to deal specificaly with couples, that although live seperately are classified as cohabiting until one spouse comunicates to the other this is not the case.
I do not want to wait the 2/5 yrs so I would be grateful if you could find where in the MCA 1973 it states that working abroad spouses are still classed as living together for the purpose of reconciliation prior to divorce on grounds of adultery.
The weekend onlyreconciliation has nothing to do with it. A long-distance lorry driver mightonly be home on Saturday night and Sunday night, but that does not mean that heis living apart from his spouse.
It is not a case of adding up the days to see if it makes six months.
If you dont want to wait 2/5 years, divorce for unreasoanble behaviour.
If he wont admit adultery, you will struggle with that ground in any event.
You seem determined to divorce for adultery for some reason.
It is uneconomical for me to research extensive caselaw.
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Hi My colleague is correct - the issue is not whether or not you were physically living together on each day but whether or not you considered yourself still to be living together as husband and wife during this time. The Court will give you short shrift if you try to argue that you only counted the days you were together. In any event without his specific admission to physical intercourse then the Petition will fail.
Far better to rely on Unreasonable Behaviour - since none of us are perfect it is very easy to prove