Falsely accused of adultery in divorce
Discussion
Hey all
As the title says: my wife has issued divorce papers (brilliant) but stated my adultery as the reason for divorce. I didn't have sex with her all that often, let alone anyone else!
Can I disagree without contesting?
If I do, will it increase cost and complication?
What are the ramifications of "just going along with it" for the sake of simplicity??
We have one child who she's using against me so legal costs are already on the increase through a court wpplication. We have no finances to split as I generally don't have a proverbial pot.
Thanks in advance
As the title says: my wife has issued divorce papers (brilliant) but stated my adultery as the reason for divorce. I didn't have sex with her all that often, let alone anyone else!
Can I disagree without contesting?
If I do, will it increase cost and complication?
What are the ramifications of "just going along with it" for the sake of simplicity??
We have one child who she's using against me so legal costs are already on the increase through a court wpplication. We have no finances to split as I generally don't have a proverbial pot.
Thanks in advance
Pete317 said:
Thermobaric said:
Sorry to hear about your situation. Surely if she makes a claim like that she has to have some evidence to back it up with?
Unfortunately, unless the OP has the wherewithal to contest it, she doesn't need to back it up.Maybe there are some divorce experts on here - I have only gone through one - but does it make any difference to the outcome (financial or otherwise) these days between no fault divorce and being divorced for adultery?
Yes, you can deny it, her solicitor is supposed to provide you with a draft which you can suggest changes to achieve agreement. You can also deny it response to the petition.
However in the grand scheme of things it won't matter much. Get yourself a decent lawyer because it sounds like she hasn't if she is going that route. Contesting it will drive up her costs but you may well end up paying those anyway.
Unreasonable behaviour is the generally recognised route. Her refusal to engage in a sexual relationship would count as that but you still need a good lawyer to get the wording right.
Ask yourself why she is rushing it, use that to your advantage.
However in the grand scheme of things it won't matter much. Get yourself a decent lawyer because it sounds like she hasn't if she is going that route. Contesting it will drive up her costs but you may well end up paying those anyway.
Unreasonable behaviour is the generally recognised route. Her refusal to engage in a sexual relationship would count as that but you still need a good lawyer to get the wording right.
Ask yourself why she is rushing it, use that to your advantage.
It's not really a public document. No one except your respective legal teams and the court officials will ever see the papers. If you're not bothered then it would certainly speed up the divorce process. If her extra helping of lies does bother you then, as above, unreasonable behaviour is the more conventional route to a "quickie" divorce and it might be worth having your solicitor let her know that you would agree to this instead of insisting she proves a false allegation.
Some of the advice given isn't quite correct. She can only claim adultery if you agree. If you don't, she can change it to unreasonable behavior and petition for divorce (I think a certain minimum time frame kicks in though).
It is true it doesn't really matter, not in terms of any split agreement, however I do wonder if it could somehow be used against you if you are going to court for child access. 'ie' judge he's a bad parent he broke up the home'
It is true it doesn't really matter, not in terms of any split agreement, however I do wonder if it could somehow be used against you if you are going to court for child access. 'ie' judge he's a bad parent he broke up the home'
ozzuk said:
Some of the advice given isn't quite correct. She can only claim adultery if you agree. If you don't, she can change it to unreasonable behavior and petition for divorce (I think a certain minimum time frame kicks in though).
It is true it doesn't really matter, not in terms of any split agreement, however I do wonder if it could somehow be used against you if you are going to court for child access. 'ie' judge he's a bad parent he broke up the home'
I was told by my solicitor a number of years ago when getting divorced it didnt really matter if i had been banging half the country (i wasnt) it wouldnt change any outcome reached nor impact on any outcome relating to access to my child.It is true it doesn't really matter, not in terms of any split agreement, however I do wonder if it could somehow be used against you if you are going to court for child access. 'ie' judge he's a bad parent he broke up the home'
Is adultery even a valid reason for divorce?
daemon said:
Is adultery even a valid reason for divorce?
https://www.gov.uk/divorce/grounds-for-divorceYes, mostly...
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