Showing Tag: "adultery" (Show all posts)

But is it intolerable?

Posted by Rory Miln on Monday, December 5, 2011, In : definitions 

If you want to rely on adultery when you divorce your spouse, you should be aware that you have to find it intolerable to live with him or her.  During the course of the procedings you have to swear an affidavit.  Are you prepared to swear on oath that you find it intolerable to live with your spouse?  Better to think about this before starting divorce proceedings......

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Can we get a divorce if we both agree the marriage is over?

Posted by Rory Miln on Monday, January 24, 2011, In : definitions 
Only if you wait for two years after separating, and even then only one of you can petition for divorce.  If you want to get divorced sooner, one of you will have to divorce the other relying on adultery or unreasonable behaviour. 

See also 17th January 2011.

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Adultery

Posted by Rory Miln on Monday, April 12, 2010, In : definitions 
Adultery is voluntary sexual intercourse between a man and a woman who are not married to each other but one of whom at least is married. 

Proof of adultery is usually in the form of a written admission.  When the respondent receives the divorce petition from the court there is an 'acknowledgment of service form' to be completed and sent back to the court.  If the respondent answers 'Yes' to the question 'Do you admit the adultery alleged?', that will normally be sufficient proof that the adul...
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Only one ground for divorce

Posted by Rory Miln on Saturday, April 3, 2010, In : definitions 
There is only one ground for divorce, and that is that the marriage has broken down irretrievably.  In order to satisfy the court that the marriage has broken down irretrievably, the petitioner must prove that one of five 'facts' applies.  The five facts are: adultery, unreasonable behaviour, desertion, two years' separation (with the respondent's consent) and five years' separation (respondent's consent not needed).

More on the individual facts in future posts.
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Order for costs

Posted by Rory Miln on Monday, August 10, 2009, In : definitions 
An order for costs is a court order requiring a party to pay the other party's costs.  The order can be to pay all the other party's costs, or a proportion of them, or it can be to make a contribution of a fixed amount.

In divorce cases, there are usually two separate lots of costs: the costs of the divorce itself (the 'main suit') and the costs of dealing with financial matters ('ancillary relief').  

If a divorce petition is based on adultery or unreasonable behaviour, the petitioner may ask ...
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Answer

Posted by Rory Miln on Monday, May 11, 2009, In : definitions 
Answer:

If a person is served with a divorce petition and wants to defend the proceedings, the document they submit to the court is an Answer.  

Most divorces are undefended, in which case there is no Answer.

Typically, an Answer states that the marriage has broken down irretrievably but asserts that the reason for the breakdown is unreasonable behaviour or adultery on the part of the petitioner.  Details ('particulars') of the behaviour or adultery are usually given, and the Answer usually co...
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Rory Miln


Principal Every week, usually on a Monday, I post my movements for the coming week - when I'm in the office and when I'm out, for example at court. At the same time I post a short article on a word or expression that may crop up during a separation or divorce case. I'm always glad of feedback - any comments on my blog entries are welcome - just send me an email.

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About Miln MacLeod


Miln MacLeod Solicitors is the practice name of Rory Miln, a solicitor of England and Wales recognised as a sole practitioner, authorised and regulated by the Solicitors Regulation Authority (SRA). The practice's SRA number is 535105. The SRA’s rules can be found (in English) on their website at http://www.sra.org.uk/solicitors/code-of-conduct.page
 
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