Divorce - The woman has committed adultery but wont admit it ?

Question

A good friend of mine has split up with his wife but they are still married. The wife went off with another bloke but will not admit adultery therefore a divorce is not possible.

Is this a sustainable position? Apparently the wife wont admit adultery as she cant admit it to herself? Where does this leave my mate the husband?

This is a very unusual situation in my eyes. The wife, even though has committed adultery, is holding the cards???? this cant be right!!!!

I dont think there was any neglect. In fact my mate now has loads of debt incurred keeping her in the way she was accustomed to...

Oh i should clarify the wife is still off with this new bloke and has been for 18 months(who has a ferrari) and they are living together and are having a relationship. My mate is living on his own above the pub he runs.

Answer 1

seek legal advice this is a tricky one i think he will have to provide evidence not to sure tho

Answer 2

I had much the same situation some time back. It went straight through on Unreasonable Behaviour, so I would agree that this is the best tactic. It's also much harder for her to deny, as it's certainly unreasonable for her to be living with someone else! Get the forms from the court or download them, you don't have to involve solicitors for this bit if you don't want to, so it's quick and cheap to do.

Getting the financials sorted out is going to be trickier; Doing the split-the-property thing via the courts is likely to be long and very expensive however, so unless there are lots of assets, or children involved, it may be best for them to try and agree, in writing, that each keeps what they already have and leave it at that. After 18 months she can't be missing anything she doesn't already have with her.

Your friend should however write to anybody sending bills in her name, stating she is no longer there, when she left, and give them her new address. He certainly has no obligation to pay anything with her name on it. If she was responsible for utilities, etc, then he would then have to apply to take these on in his own name.

Answer 3

Hello there, Just because the wife won't admit that she has committed adultery, does not mean that it did not happen! Your friend needs to continue to file for divorce. Can he gather evidence that proves she committed adultery? People who have been first hand witness should write a statement for your friend's solicitor to present to the court.
Either way, if the marriage has irritrevably broken down, divorce is an option that your friend is entitled to.

Answer 4

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Answer 5

When using adultery as a reason for a divorce you no longer have to name the other person involved, he can still divorce her for that reason without naming the man. How can she deny it when she is living with the new man? He can also wait for 5 years and divorce her without her consent, if she will not consent to sign the papers then he will have to wait for that time period to pass and then the divorce can go through regardless of whether she signs or not.

Answer 6

I don't think it makes any difference which of them commits adultery, the relationship has obviously broken down and it looks like the end of the marriage.She is not "holding the cards" , she is trying not to appear "in the wrong" to everyone else.Your friend has to make his mind up if he wants to fight to get her back, or divorce her.Either way he is in for a tough time , so if you are his mate the best thing you can do for him is to support him in whatever decision he makes.

Answer 7

It looks like your friend is getting the small end of the stick. Totally unfair. I'm not sure where you come from, but where I come from (Sydney, Australia) you dont need the other person to admitt to adultery to get divorced, there has to be some way around it.

Answer 8

He has to apply for divorce under adultery within 6months of him finding out! If he has any evidence of his wife having the affair that she be enough for the divorce to go through - he has do to do it soon though!

Answer 9

I don't know the situation but if it what it sounds like I hate to tell the wife but it's adultery it's not fair but just like everything in life sometimes it's not Fair tell your friend good luck.

Answer 10

Your mate should seek legal advice right now! - Also I think he may well be Able to use unreasonable behaviour and irreparable breakdown of the marriage as reasons to gain his divorce quickly. otherwise its waiting 2 years

Answer 11

He should get legal advice on this one. How can she say it is'nt adultery? Maybe she needs a new dictionary and a long hard look in the mirror!