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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 997
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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Wife cheating on Husband . Having illicit relationship with another man. Both husband and

Resolved Question:

Wife cheating on Husband . Having illicit relationship with another man. Both husband and wife are from India got married in India in year 2000 Husband working as a doctor in PRESTON .
Recently got UK citizenship
Whar action can be taken against the wife?
Submitted: 2 years ago.
Category: Law
Expert:  ukfamilysolicitor replied 2 years ago.
Hello
Welcome to Just Answer.
Thank you for your question.
Please can I ask:
- when did the adultery take place?
- are you still living with your wife?
- are you considering divorce / judicial separation?
- do you have children?
- do you have joint assets
Kind Regards
Caroline
Customer: replied 2 years ago.

Iam the father of the Husband . I live in India . The adultery is there nearly for a year. Husband still living with wife. Judicial separation.

They have got a daughter aged 15. studying in uk. No joint assets.

The wife in not employed. The husband has bought a house in preston on Instalments. two cars they have.

Expert:  ukfamilysolicitor replied 2 years ago.
Hello
Thank you for your response.
For a petition based on adultery then the act would have had to have taken place in the last 6 months.
Your son could still petition on the grounds of unreasonable behaviour.
Judicial Separation proceedings are similar to divorce proceedings although only one decree is obtained within the proceedings rather than two in divorce. At the end of Judicial Separation proceedings the court recognise that the parties are legally separated and do not have to live together. The parties would however not be free to remarry as they would if they were divorced. The courts can deal with the issue of the matrimonial finances in relation to the property once the decree has been obtained in the Judicial Separation proceedings.
In relation to divorce / judicial separation - Unreasonable Behaviour is most commonly used - your son will need to detail 6/7 reasons why he can no longer remain married to his wife. This type of petition can still be amicable - he can use reasons such as 'didn't pay me enough attention.' He can choose to detail the unfaithfulness if you wished too. Please note that if his wife does choose to contest then he would have to prove the same.
The current divorce petition/ judicial separation court fee is £410. He will need to send his marriage certificate to the court with his application. If this is not in english then he would also need to send a certified translation. Your son can obtain the form you need from
http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=1115
The courts have a fee remission scheme. If your son fills out Form Ex160 with his application then you may be eligible for a fee remission/ reduction.
Once your petition has been lodged at the court then wife should acknowledge receipt within 7 days. If she confirms that he does not seek to defend then he can apply for decree nisi in divorce proceedings or a decree in judicial separation proceedings. Once this has been pronounced - he waits 6 weeks and 1 day and then you can apply for decree absolute in divorce proceedings - this isn't required in Judicial
Separation proceedings.
If the wife doesn't acknowledge the petition - then your so. will need to have her personally served with the court papers. The court bailiff service can do this for £110. You may find a process server near you whom may do this cheaper.
In relation to the matrimonial finances - The correct process for dealing with the matrimonial finances and division is to go through a process known as full and frank financial disclosure. Both parties need to exchange full details of all assets ( including pensions) and liabilities before negotiations take place in relation to settlement.
The normal rule for division is 50/50 however the matrimonial causes act sets out factors which could lead to a departure from this rule. A few examples are the likely earning capacity of both of them for the future, health needs, future care of children etc. Everything is included in disclosure.
Your son should consider making a referral to a specialist mediation service. They can assist in relation to the process of disclosure and also in relation to negotiations about division. One such mediation service is the National Family Mediation service. www.nfm.org.uk
If agreement cannot be reached then an application would need to be made to the court. You can not make an application to the court until you have at least attempted mediation first.
It is very important that no division of any assets takes place until a court order is obtained.
If division is agreed without the need to apply to court then they should submit a consent order for Judicial approval prior to division. Not doing so could leave your son open for a future claim. A Solicitor can help you draft the Consent Order to protect your sons position for the future.
Kind regards
Caroline
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