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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 999
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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I am a married male aged 59, seperated from my wife on 28 12

Customer Question

I am a married male aged 59, seperated from my wife on 28 12 2012, she remained in property which i fund by paying mortgage etc, divorce proceedings have started which she applied for, it has taken this long as very tight with funds where I am paying her bills, I/we are waiting a mediation meeting and I have been informed by my wife that she has either sold or disposed of my tools and possessions from the house. I have now met someone else and she has asked me to move in with her, this I wish to do as it will save me about £1000 a month in household bills for property I rent. Can I lawfully move in with her or will this act as an adultery act on my behalf. I have very little contact with my wife and she has not spoken to our daughter since I left home, daughter is married and has own home.
Submitted: 1 year ago.
Category: Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Welcome to Just Answer
I am a Solicitor and will assist you
Although having a relationship with another female whilst still being married is technically still considered as adultery - if proceedings have already been issued on another ground then I doubt that your wife is going to want to incur the costs of seeking that those proceedings are withdrawn and then issuing again for divorce and incurring more fees including court fees.
In any event - even if you were divorced on the grounds of adultery - this would not affect the position in respect of the matrimonial finances.
There is no issue with you moving in with your new partner in her property. Please do however be aware that if decree absolute was obtained prior to the financial matters being resolved - Do Not Remarry until the financial matters are resolved and you have a court order either by consent or otherwise.
Kind Regards
Caroline
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Customer: replied 1 year ago.
There were quite a few reasons on my wife's submissions for the divorce, having an affair was 1 but this was denied, as at the time I was'nt. I want to be secure that moving in with this lady is not going to muddy the waters.
Customer: replied 1 year ago.
as regards ***** ***** this was left as I did'nt want to upset my wife any more by removing items which made the house. I did'nt give her permission to dispose of them.
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for your responses.
In respect of divorce - it is common place to refute allegations contained within a petition, whilst still allowing the divorce proceedings to continue on the proviso that you reserve your position to defend such allegations if they were used in any other types of proceedings.
In reality the reasons for a divorce are irrelevant to a court and do not influence the outcome of the financial proceedings.
When you start to deal with the matrimonial finances in earnest you should seek that your share be increased as way of recompense for the items that your wife disposed of.
In relation to living with your new partner - if you do move into together then you need to disclose this during the process of full and frank disclosure.
You have to be aware that if you do move into together and your wife wants spousal maintenance as part of the financial settlement - then the fact that you are living with someone else means that the bills are being shared effectively 'freeing up' a bit more income for spousal maintenance.
Kind Regards
Caroline
Positive feedback is gratefully received
Customer: replied 1 year ago.
Thank you for clearing up the question, very much appreciated.
Expert:  ukfamilysolicitor replied 1 year ago.
Your very welcome - I wish you all the best