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New baby as proof of adultery ?

(14 Posts)
Collaborate Mon 11-Feb-13 06:56:25

You would deny the truth in a court document? Really?
It is acceptable to make "no admission", but you're on dodgy ground telling a lie.

BrittaPerry Mon 11-Feb-13 00:28:04

My current H (we have now separated) was divorced from his ex because of adultery with "Britta Unknown" and unborn as yet DD1 was given as evidence, although they had separated before we got together.

He signed it, because, yeah, he was still technically married and he was living with and having a baby with someone who wasn't his wife.

his ex knew my name, but she didn't put it or I think I would have had chance to deny it myself I think.

Piecesofmyheart Sun 10-Feb-13 20:32:21

Thank you all. Am definately going to go down this path. He refused to agree to 2 years separation, probably because I instigated it.
So this is a way for me to take back some control. Its a long path ahead.

IneedAsockamnesty Sun 10-Feb-13 20:24:25

If he's that keen on remarrying chances are he will not challenge it so will just admit it. So do it and see what he comes up with

MOSagain Sun 10-Feb-13 17:10:05

Totally agree with collaborate, it is quite common to cite adultery even though the parties are separated. If they are still married, and one party is sleeping with another person then that is adultery.

would suggest not naming the co-respondent though, can get a bit ugly but definitely put in claim for costs.

Collaborate Sun 10-Feb-13 17:00:49

Everyone who says that adultery after separation can't be used is mistaken. It can. I frequently use it. The ground is not that the respondent has committed adultery and the parties separated because of it. It's "...and the petitioner finds it intolerable to live with the respondent."

OP go ahead and rely on the adultery, include a claim for costs, and there is always the birth certificate to back you up. You'll have to refer in the court papers to the new child when you apply for decree nisi.

SoWhatIfImWorkingClass Sun 10-Feb-13 14:08:36

I would have thought anything that happens (ie him having a baby) 2 years down the line would be a bit irrelevant as to what caused the seperation. Maybe that's just me being a bit clueless about how it all works though.

Rooneyisalwaysmoaning Sun 10-Feb-13 14:04:41

No, unless her gestation period is excessively long, ie over two years.

You can only prove they have had a baby since you broke up.

I'm not a legal pro but seems like it wouldn't work, to me.

Chubfuddler Sun 10-Feb-13 13:45:57

I don't think you can use anything that has happened since you have separated. You can put adultery with person unknown and approximate dates, he's unlikely to deny it in the circumstances. Or just do unreasonable behaviour citing dv.

How can you prove that her child is his? I would just let the adultery angle go and get divorced as quickly as possible. You know he's a total git. Eventually she will too. That has to be enough.

Branleuse Sun 10-Feb-13 13:41:52

put all of it down. Plus cant you do 2 years seperation and consent?

RedHelenB Sun 10-Feb-13 13:36:47

Maybe adultery but without naming names? If not then cite unreasonable behaviour.

Piecesofmyheart Sun 10-Feb-13 11:42:32

Please excuse my spelling. Lost glasses!!!!!

Piecesofmyheart Sun 10-Feb-13 11:41:40

Am due to see my solicitor again this week. Split frim abusive ex 2 years ago after discovering his affai. He always denied this and refused to move forward with divorce.
Had initially planned to divorce him for UB including criminal convictions for DV. Solicitor originally advised against adultery as there was no definitive proof and he is extremely difficult to deal with.
He and OW are now engaged and have just had a naby. We have no legal separation agreement.
From an emotional and pyschogucal point of view it is very importsnt to me to have adultery included in the petition. I 'neef' it as part of my closure.
Can the fact that shes now had a baby be used as proof? She seems desperate to get married from what my chdren say so am hopeful he might not fight it.

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