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Relationships

Mumsnet has not checked the qualifications of anyone posting here. If you need help urgently or expert advice, please see our domestic violence webguide and/or relationships webguide. Many Mumsnetters experiencing domestic abuse have found this thread helpful: Listen up, everybody

Adultery. Why is it important for them to admit it?

7 replies

AllabouttheE · 01/09/2013 01:16

So DH left us 3 weeks ago. EA. complete and unexpected shock leaving scenario. Two children under 6.

Finally managed to discuss situation on email and he refers to his new partner.

Is this an admission of adultery?

He also agrees to giving us a sum of money monthly.

My friend seems to think his email is an admission of adultery and that "I get everything, he's fucked himself".

But I don't know anything about this. I have been massively worried about money, my friend's opinion makes me feel much better. But how reliable is it.

So why is an admission of adultery important and does referring in writing to new partner count?

OP posts:
WafflyVersatile · 01/09/2013 01:17

It's entirely unreliable.

Bant · 01/09/2013 01:28

If you're not divorced, and he has a new partner, that is adultery - whether or not you were living together at the time.

It's incredibly unlikely that he met someone and is at a point where he refers to her as his 'partner' after only three weeks - but that's moot anyway. You're still married, he is an adulterer.

However, this doesn't mean you get everything, as your friend says. Adultery doesn't mean he'll be punished, the amount you will receive from the court isn't based on moral judgements.

You can check on the CSA website to find a calculator to find how much is the minimum he should be paying you, based on how much time the children will stay with him, how many other children he has (if any) and how much he earns. If the amount he has agreed to give you is more than that, then that's what you have to accept (unless you can negotiate more)

akaWisey · 01/09/2013 08:04

I'm not even sure if admission to having a 'partner' whilst you are married IS considered adultery. I think it's admission or being caught in the act of sex with another whilst married which constitutes adultery.

For that reason I couldn't divorce my ex on the grounds of adultery but for unreasonable behaviour which included receiving an anonymous letter telling me he was being unfaithful (which he was).

You should consult with a solicitor. And consult with the CSA. If you work you may be entitled to Tax Credits. You will be entitled to single person discount off your Council Tax.

TobyLerone · 01/09/2013 08:18

Adultery doesn't mean you'll get loads out of the divorce. It's just a reason to put on the forms. It usually means the divorce will be quicker than for unreasonable behaviour because that is hard to specify.

But the courts aren't in the business of punishing people for committing adultery. Neither should they be.

Lonecatwithkitten · 01/09/2013 08:37

The legal advice I was given less than a year ago and am working my way through the courts with at the moment is that behaviour has no longer has any bearing on how assets are split, so I am afraid you won't get everything. I he is prepared to admit to adultery it will make a divorce easier.
The starting point for assets is 50:50 then factors such as length of marriage, if it is short who brought what, children and where they will be resident and if one member of the marriage gave up work to rear the children are all factors that affect the split.

Diagonally · 01/09/2013 09:45

The grounds for divorce has no bearing whatsoever on the division of assets.

Glimmerberry · 01/09/2013 10:17

Soap operas have a lot to answer for here, perpetuating the myth that assets are divided on the basis of guilt. They just aren't.

But the admission of having a new partner while you are still married is very useful for getting divorced quickly.

I divorced (in Scotland) in 2005. First meeting with solicitor was advised 2 years for divorce. By my second meeting I found out he was living with someone and the divorce was done and dusted in 3 months.

I vaguely remember that the guilty party can be pursued for the actual legal cost of the divorce. I didn't do this though as my solcitor warned this usual leads to contest and dragging it all out (and I could afford it).

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