Adultery

To be able to Petition relying on adultery you have to be able to prove both that adultery has taken place and that you find it  intolerable to live with the person who committed it.  Adultery is defined as voluntary sexual intercourse between 2 people of the opposite sex, so same-sex couples are unable to allege adultery.  However, as long as you have a solicitor who knows what they are doing you can still rely on the same facts to bring a Petition.

You have to be able to prove the adultery has taken place.  Where your only evidence is that your spouse/partner has told you this occurred you may have difficulties proving it.  That is why you need expert advice at an early stage.

Matters are more simple where one or other party has had a child outside of the marriage/partnership as they are then faced with denying parentage of their own child or admitting that adultery occurred.

Intolerability is proven by:

• saying you find it intolerable to live with the other person; and
• not living with the other person.

You do not have to prove that the adultery was the reason you found it intolerable to live with the other person.  It is accepted that even where there is adultery the parties may still try and save the relationship.  You are therefore allowed to continue to cohabit for a total of 6 months (either continuously or made up of separate periods) after you have discovered the adultery.  If you remain cohabiting past this time you will not be entitled to bring a Petition based on that adultery, although living under the same roof may not amount to co-habitation when calculating this period.  If you then find out that the adultery has continued the clock starts ticking again.

Issues of adultery can be the hardest to deal with, as they often involve feelings of betrayal.  However, where done properly this can be the easiest way to proceed with a Petition. 

For further help and assistance call us on (01525) 373322 or e-mail us.