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Adultery in Divorce – True or False

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Vines Legal mare expert divorce solicitors Here are some true and false questions to help you understand more about adultery in divorce cases.

 

True or false – if adultery is used to prove that the marriage has irretrievably broken down then it can only be used between a husband and wife?

 TRUE – on the current legal definition there can be no adultery between 2 women or 2 men. Many believe a change in the law is needed on this.

 

True or false – if you file for divorce because of your partners' adultery then you are entitled to a larger settlement?

 FALSE – Adultery is not viewed by the court as conduct which would entitle the victim to a larger settlement. Many people feel this is unfair.

 

True or false – the best thing to do is name the other party or on the divorce petition?

 FALSE - You may desperately want to do this and publicly name and shame the other person. However, it is not a legal requirement. If your spouse has admitted to adultery, there is no need to name the third party. Doing so may make you feel better but it will complicate matters and increase costs all round.

 

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By Emma Newman on 13 Jul 2018, 14:53 PM

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