My sister's new partner separated from his wife 18 months ago. They recently moved in together but since they have, his wife has lodged a divorce petition citing his adultery. She says that this is the correct citing as he is now in an adulterous relationship with her. Is this correct and would a divorce be granted under these circumstances. They were not together when he was married, only after he had already left home and separated from her. Is there any financial reason which would encourage her to use these grounds as opposed to 2 years separation or unreasonable behaviour?

November 27, 2008 by Anonymous

Adultery by itself is insufficient to base a petition for divorce. The petitioner must find the adultery intolerable and there is probably an argument in this case that as they were separated she would not find it intolerable for him to find a new partner. The fact that they were separated will not however change this from being adultery as although separated they were still married. There are no financial implications to admitting adultery and the grounds on which a petition are based will have no relevance in usual circumstances to the ancillary financial settlement

Permalink