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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Filing for adultery

11 replies

Rock3pillo · 17/09/2019 08:26

Hi all I'm currently in the process of filing for divorce. My ex has admitted adultery however what content do I have to put in the statement? He hasn't given details of dates or locations although I can predict when it started and where it happened. Any advice welcome! Thanks!

OP posts:
ISeeDeadDandelions · 17/09/2019 08:28

Honestly I would just go with unreasonable behaviour. Way easier to give examples of, and it really makes no difference to anybody what the reason on the paperwork is. I'm in the middle of divorcing due to my STBXH having an affair and I just put bits of that down as unreasonable behaviour.

Rainbowssoul · 17/09/2019 08:29

Wow what a bastard !!
I can't advice as I never married so it was simple for him I guess . And myself thinking about. I'm sorry you are having to go through this, and i wish you all the best on your new free journey! Flowers

Boozysuzy84 · 17/09/2019 10:01

I was advised by my solicitor to go down the adultury route even although I knew dates and places. Your h has to agree on the dates and places as does the ow. She can delay replying to paperwork as can h. This makes the process longer and more expensive. I've been advised to wait the year get the financial settlement in order then file under unreasonable behaviour- inappropriate sexual relationship with another woman. Also we have a son and I would never want him to inadvertently come across paperwork stating dates and places his dad has sex with ow. I understand the feeling of wanting to file under adultury but seems the paperwork side of it isn't really worth the trouble. Xx

TheFormidableMrsC · 17/09/2019 10:06

I filed for adultery as husband was living with OW. It all falls under the umbrella of ‘unreasonable behaviour’. OW threatened me because of her ‘business and reputation’ 🙄. There was no way either of them were getting away with that. It made me feel better anyway.

Rock3pillo · 17/09/2019 10:44

Thank you so much. --

He has admitted and agreed to file under this (he even suggested it!) as well as providing her details for the form. I have said I need details for form regarding dates and locations but obviously he's not been forthcoming on confirming these (said him admitting it should be enough for the court)

we've now agreed I will just put my version aka the truth and he has indicated that he won't be contesting (I think he just wants it over and done with too... so he can run off and marry the OW)

OP posts:
Brakebackcyclebot · 17/09/2019 11:16

If he is happy to admit the adultery, then this is a simple way to file for divorce. Unreasonable behaviour can be far more acrimonious as it can bring up all kinds of old resentment.

You do not have to cite the other woman. You just say adultery with an unnamed woman. You don't need dates or locations either, a simple statement that he committed adultery and the relationship started on x date and that the relationship continues, is sufficient.

So my divorce petition simply says:

The said marriage has broken down irretrievably.
The Respondent has committed adultery and the Petitioner finds it intolerable to live with the Respondent.
Particulars: The Respondent has committed adultery with a woman whose name the Petitioner does not wish to reveal. The relationship commenced on [date]. The parties live together at [address] and the relationship continues.

That's it. There is no need for lots of detail where the respondent (your ex H) is not contesting the divorce, and is admitting the adultery.

Don't make it more emotionally scarring and difficult for yourself than you need to.

Rock3pillo · 17/09/2019 11:25

Perfect thank you so much for this I really appreciate it! I have tried to keep it emotionless so to speak and just state the facts so will use yours for guidance too.

Thanks once again!

OP posts:
Ss770640 · 22/10/2019 20:08

Courts frown on naming and shaming.

Unless your in a desperate rush, I suggest waiting until 1 year. Then file. Check your local law.

You can easily include adultery but file instead under the term of unreasonable behaviour (ie you spell it out on divorce form but without naming dates etc)

Sheriffs can easily distinguish between adultery and 1 year seperation because he's been seeing someone else.

My point is, you can still name and shame but without the official route of adultery

Rock3pillo · 23/10/2019 09:08

All filed for. He's admitted adultery and just awaiting a date for my decree nisi.

OP posts:
Frankola · 31/10/2019 20:52

Your issue here is potentially the OW.

She has to sign all these forms too and so you could potentially expect delays and issues if she refuses.

Why not just go for unreasonable behaviour and get it over and done with?

241241az · 02/11/2019 17:57

I filed for adultery, my ex rang my solicitor upon receipt of her letter and did not contest as my solicitor informed him that if he wished to contest we would persue for costs. I did not name the other woman and was not required to do so even though I had photographic evidence, she was and still is irrelevant to me - the divorce was pretty straight forward. Good luck!

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