Answer to affidavit Question 6.1

1. My wife and I have lived at the same address continuously since 25 October 1991 up to the present.

2. My divorce petition is dated 18 February 2011.

In view of those facts, how do I answer question 6.(i) on form D80B (affidavit in support of petition on grounds of unreasonable behaviour)?:

[first part of question omitted because not relevant] since the date of the Petition, have you lived at the same address as the respondent for a period of more than six months, or for periods which together amount to more than 6 months?

It seems clear to me that my answer has to be 'No', because the period from 18 February 2011 to today is less than six months. Is that right?

Thank you

Do you still live together? or did you separate on or around the date of the petition?.

Thanks for coming in on this, dukey.

We're still living together.

Then the answer is yes.

OK. That's how I was advised at the court public counter yesterday so that's how I answered the question on the form, but it seems entirely counter-intuitive to me - badly worded at best. I'm saying yes, I've lived with the respondent at the same address for a period of more than six months since the date of my Petition, 18 February 2011, which (barring time travel) is impossible.

Coincidentally (and inconveniently), I submitted the affidavit on the day that new forms were introduced, D80B(12.03) becoming D80B(04.11). Although the wording and format of the question on the old and new versions of the form have been revised, it is still framed in the same way.

Its really just to let the judge know if you are both still living together but yes the wording could be better as is the case with many of the forms.