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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70181
Experience:  Over 5 years in practice
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Have a question about suing a man who is living with my wife. My wife of ten years left o

Resolved Question:

Have a question about suing a man who is living with my wife.
My wife of ten years left our matrimonial home with our 5 year old son and went to live with another man,who is now her boyfriend.She has been seeing this man a year now but has only been living with him months. Iam quite upset about this because we are still legally married.There are no divorce proceedings yet.They have both confirmed that there are in a relationship,but crucially she did not want me to know her new address until her sister showed me the house.I do have access to my son as l pick him up from school and have him days.Now my big question is how do l go out suing this man and what evidence do l need to take this forward..?,obviously they are making me look like a fool,but l do want to follow the law properly.Is there any real financial benefit to this,this man apparently has a house.Or maybe just saw my wife but she has nothing to her name,financially.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.

I am sorry but there is no claim against any person here.
Adultery is not a tort in law. It is clearly morally wrong but not legally. It is a ground but no more.
The man involved owes you no duty at all and so is not in breach. Even if he were being involved in an affair is not a tort.
I'm very sorry but that is your position
Can I clarify anything ?
Jo
Customer: replied 2 years ago.
So l can initiate a divorce based on what she has done.? Is it true then that she can divorce after two years of separation and l cannot contest that.? Basically she shall be granted the divorce without my involvement.?
Expert:  Jo C. replied 2 years ago.
You can buy its not a good idea. Adultery is not easy to prove.
She can initiate a divorce after two years if you consent. Otherwise you have to live separately years.
Customer: replied 2 years ago.
When does "separation" actually starts..? because we never signed any document when we started living apart.,so therefore she cannot be granted divorce before 5 years of "separation"...? and also on the same token,l cannot divorce her without her consent..? Pliz clarify..
Expert:  Jo C. replied 2 years ago.
Just from the date you started living apart. Nobody ever does sign a document.
To divorce within two years both have to consent.
If one party does not consent then they can be divorced after five years.
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