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Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I kissed a man and had dinner with him outside of my

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I kissed a man and had dinner with him outside of my marriage. My husband and I have separated as he couldn't forgive me. We are now both in new relationships and looking to arrange a divorce but my husband cannot file on the basis that I committed adultery as my relationship was not sexual. We both agree that we want to start divorce proceedings.
Can I divorce him on the basis that he is now in a sexually active relationship whilst still married to me?

Hi, thank you for your question. Just a bit more information required to fully assist you:

-Are you in England or Wales?

-How long have you been separated for?

-Will your husband admit adultery?

Customer: replied 1 year ago.
In England.
Living seperately since July this year.
Both my husband and I are now in sexual relationships with others.

Thanks for confirming. You are able to apply either under the fact of unreasonable behaviour - and rely on the new relationship as unreasonable behaviour, for which you do not need his consent, or you can apply under the fact of adultery, but this needs to be admitted by him.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you

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