Still in shock!

Hi

Where do I stand? He finished the marriage and I moved out. He changed his mind and we tried to reconcile the marriage but I did not move back. He has finished it again and I have since found out that he was in a new relationship within weeks!!!(Found this out yesterday, and think she might have been the cause for the origin split!!!!! How stupid do I feel!! )

Where would the 2 yrs seperation period start?
Could I get him for adultery?
I have got inheritence from before we were married, Does he have any rights to it?

Cheers

The two year separation stats when you separate beliveing the marraige to be over. Periods of reconciliation of less then 6 months don't stop you from counting the separation as being the original time you separated, bt the period for which you were reconciled isn't counted towards the two years. (so if you reconciled for 3 weeks, the 2 year period would be up 2 years and 3 weeks from the original separation)

Yes, you could use adultery, even if the new relationship did not start until after you and he had separated. As adultery requires a high level of proof you would need him to admit the adultery within the divorce. if he will not co-operate, you would probably have grounds on 'unreasonable behviour' (the 'behaviour' can include the fact that he has 'formed an improper relationship with another woman)

Your inheritnace will be part of the total matrimonial assets - everything goes into the 'pot' How the total assets are split will depend on a whole range of factors including your respective neds, earning capacity, and, potentially, contributions. However, the longer ago you made a contribution (e.g. the inheritence) the less likely it is that this will be distinguished from the other assets.

If you petition for divorce on the grounds of adultery you need to do so within 6 months of finding out about the relationship, otherwise you effectively choose to "live" with the adultery and can no longer petition solely for this reason.

I actually did what TBagpuss did and petitioned on the grounds of unreasonable behaviour, and included his new relationship with someone else as one of the reasons why I could no longer be expected to remain married to him. As TBagpuss says, that way is much easier than getting him to admit to adultery!

Very good luck, and don't feel too stupid for taking him back the first time, I've there too, and you won't be the last person to take back a cheating partner.

Best wishes for your future.

Dear Tbagpuss

Thanks for the quick responce.

We actually have no joint assets(Only the content of the flat and wedding presents) or bank account. The inheretance is still in the bank and has only been used to pay for the wedding! I was hoping I could try and keep it seperate seeing as it has not been used for any part of our marriage, except the wedding (which I paid back!!!)

Was hoping that I could go down the 2yr seperation course, but I would have to leave it for another year.

Thanks a lot for the information, at least I have got some idea of time frame and options.

Thanks for your responce and support. I will try the unreasonable behaviour root as it makes the most sense, but just waiting for the retaliation.

I just want it over with as quick as possible and with the least amount of oppotunity for him to be spiteful and cruel, as he is never wrong in his opinion!!!!

Watch this space;)

They NEVER think they're in the wrong!

With the unreasonable behaviour route all you need to do is pull together some bullet point paragraphs which show the court why YOU can no longer be expected to remain married to him. They're personal to you, so are rarely disputed by the court.

Try to explain how each of the unreasonable behaviours affected you/made you feel, and try to use rough dates where possible and keep things chronological.

For example:

Respondent told the Peitioner that the marriage was over in and the Petitioner moved out of the marital home, causing a great deal of upset and anguish to the Petitioner.

As I mentioned in my previous post, I too petitioned on the grounds of unreasonable behaviour, so if you need any further advice I'm happy to help.

Good luck!