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.
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.
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.
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.
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.
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.