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Quick question! I'm just filling out my Petition for Divorce...

13 replies

misscathcart · 11/11/2008 13:05

In the 'particulars' section it is asking for dates that adultery took place. I am aware of one 'incident' that took place but have no idea of the exact date. Is it enough to say 'between the dates of - and -' ??thanks

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mumblechum · 11/11/2008 13:07

Yes, I often don't ask clients for all the gory details as they don't want to go there so will typically say that the adultery took place on various dates between x2007 and x2008, or that it started on x and is continuing. You could also say that it took place at various addresses in xxxxshire and elsewhere, details of which are not known to you.

Presumably you're not naming the other woman - it's generally frowned upon to name them these days.

misscathcart · 11/11/2008 13:17

Thank you for your help!
no I'm not naming her. They are not together now anyway, split up 2 months ago.
This is what I have written:
On the --th December the respondent informed me that he did not wish to conitnue the marriage as he had feelings for and had been seeing another woman. He revealed that he hah committed adultery with this woman on one occassion, and this took place at: address.
between the th and th of November.

Is that ok? Do I need to write anything else?

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misscathcart · 11/11/2008 13:17

Thank you for your help!
no I'm not naming her. They are not together now anyway, split up 2 months ago.
This is what I have written:
On the --th December the respondent informed me that he did not wish to conitnue the marriage as he had feelings for and had been seeing another woman. He revealed that he hah committed adultery with this woman on one occassion, and this took place at: address.
between the th and th of November.

Is that ok? Do I need to write anything else?

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misscathcart · 11/11/2008 13:17

oops!

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misscathcart · 11/11/2008 13:27

bump! i want to get this form done asap!

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mumblechum · 11/11/2008 14:06

Assuming that you have the specific divorce form (it'll say Matrimonial Causes Act 1973 Section 1(2)(a) at the top if it is, then:

Paragraph 11 should read:

The Respondent has committed adultery with a woman whom the Petitioner does not wish to name and the Petitioner finds it intolerable to live with the Respondent.

Para 12:

On Thursday the 12th October 2008 at Winchester the Respondent committed adultery with the co respondent.

Para 13:

As you wrote in your last post.

hth

mumblechum · 11/11/2008 14:07

sorry meant the specific adultery form. The court may have given you a general form which you can use for any of the 5 facts.

If you're unsure, take it in to the counter at the court office & the clerks will check it for you before issue.

misscathcart · 11/11/2008 14:15

thats a great help, thank you very much mumblechum.

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mumoverseas · 11/11/2008 14:54

just a quick comment to add to mumblechum's advice. It seems that you are saying that he told you in December and that it happened in November? If this is right and he told you LAST December and the adultery happened LAST November and is not continuing this could be a problem. If however it was still continuing until a few months ago, that is ok. Just clarifying really as in one post you said it had happened once. If still ongoing until 2 months ago just put the date it started last year, until the approximate date this year and like mumblechum said, various times and places etc. Good luck

mumblechum · 11/11/2008 15:56

The six month rule is that if you are still cohabiting six months after the adultery became known to the petitioner, then potentially you can't go on those grounds as it would be deemed that the petnr doesn't find it intolerable to live with the resp. If, as I've inferred, the op and her h have separated, then as long as they separated no more than 6 months after disclosure of adultery, they're ok.

misscathcart · 11/11/2008 19:16

ok. Yes it was last December he told me it happened last December (checked my diary).
So we seperated immediatly and he began co-habiting with the woman 3 weeks later. That relationship lasted until about 2 months ago.

So this will be ok yes?

Sorry - This whole thing just confuses me! I know its probably straight forward really!

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mumoverseas · 12/11/2008 04:31

no problem as long as adultery was still continuing until 2 months ago, its only if you've known about it for more than 6 months and not done anything about it that you can't go ahead on that ground. Unfortunately some Judges can be very strict about enforcing this rule. From what you've said though misscathcart you have no problems as long as its made clear that the adultery was continuing until 2 months ago and hope it all goes through as smoothly as divorces can. Good luck

misscathcart · 12/11/2008 07:35

Thanks!

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