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Yesterday I appeared in my Legal Clinic on covers any sexual activity. It refers only to sexual intercourse between a consenting man and woman, one or both of whom are already married to other people.
Lesser forms of “sexual gratification”, as one court put it, are not sufficient to prove adultery.
One way of counterbalancing the petition is not to defend it, but to file a statement explaining why you believe the marriage broke down before the adultery occurred.
Prince Charles took this course of action, very publicly, during his divorce from Princess Diana. That if you petition for divorce on the basis of adultery, you are entitled to a larger settlement. Adultery alone is not regarded by the court as conduct which would be inequitable to disregard.
That fell into the gross and obvious category, and her settlement was reduced.
As I pointed out on , divorce isn’t about subjecting individuals to “trials”.
There are hundreds of married people, of both sexes, advertising for casual sex with strangers.It is still adultery, if the other party is still married to somebody else at the time.And if one party has been raped, is under 16 or if consent has been obtained by fraud, sexual intercourse in any of those circumstances is not adultery.There will be the petition fee (£340), the decree absolute fee (£45) and your lawyer’s fees, if you instruct one. That the third party’s finances will be used to “pay off” the other spouse. That said, it is worth noting that a new partner’s financial means might be indirectly relevant in relation to a spouse’s finances post-divorce, and his or her ability to meet the former spouse’s needs. That if you have committed adultery, the court will be biased against you when dealing with the finances and the children. Most marriages break down because of fault on both sides.Adultery can be a symptom of a failing marriage, rather than its cause.