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Do I need to admit adultery if I don't contest

  • hawaythelads
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20 Jul 09 #132745 by hawaythelads
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If you want to get divorced Just admit to your adultery.but be careful to stipulate that you will admit to it but not pay the costs as an admission of adultery does make you liable for the cost of the divorce petition only which I believe is approx £200.
It won't however make you liable for the costs of all the legal expense incurred over the ancillary relief proceedings.Or as I prefer to call it the financial carve up.
You have in fact committed adultery.If you sleep with someone else whilst still married that is adultery,whether separated or not.However everyone seems to want to be all coy about that one after the event.
All the best
Pete xx

  • Shezi
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20 Jul 09 #132761 by Shezi
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Hi Victoria

I believe that when you petition for divorce, you have to satisfy the court that you have sufficient grounds to divorce. For example, I have petitioned on the basis of 2 years' separation. We recently gained what is effectively permission to divorce because I satisfied the court that the grounds were sufficient. A Decree Nisi will be pronounced at the end of this month, following which it remains for me to apply for a Decree Absolute.

I'm not an expert, but it strikes me that, had I been petitioning on the grounds of adultery, I would have had to prove my case to the courts' satisfaction by now.

Shezi

  • victoriasharp
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21 Jul 09 #132883 by victoriasharp
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Thanks Pete - yes I know in the eyes of the law I have committed it but it wasn't the reason for the breakdown of the marriage and it just doesn't sit well with me but that is just me being stubborn! Thanks for the advice on the costs - appreciated x

  • BreakupAngelsJackie
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22 Jul 09 #133188 by BreakupAngelsJackie
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Victoria, I was divorced on the grounds of adultery which occurred 9 months after the legal separation date and we were only 2 months from our 2 years separation when my ex petitioned.

To begin with I was incensed at not only the ridiculous ruling in the law, but also the fact that like you, it wasn't why we had separated!

Nonetheless, I didn't fight it, he had no proof, but my then partner had to agree to sign papers as the party with whom I'd been 'breaking the law'. He was even more upset than me and didn't want to go ahead - if he hadn't we would have had to go to court.

At the end of the day, if it's a divorce you want, at least cost, then accept it - no-one really cares about the reason, it's just a rubber stamp.

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23 Jul 09 #133554 by victoriasharp
Reply from victoriasharp
Thanks for your response, it helps to know other people have endured similar. I can't believe it isn't more widely publicised that regardless of a legal separation you can still find your self in this situation, even my solicitor who organised the separation failed to tell me this.

I have signed the paperwork and admitted to adultery - my focus has to be on my children and no doubt the fun we are soon to have carving the assets!

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