QuoteReplyTopic: Marrital unfaithfulness Posted: 16/June/2012 at 21:51
My wife and I have been seperated nearly 12 months. I live in a family owned house and have no assests so to speak. My wife is seeking a divorce and has been unfaithful during our seperation but while living in the same house. I am told that as she has been unfiathful that she has lost her legal right to claim any financial pay outs or payments.
I have written proof and evidence of her unfaithfulness as well as written proof of constant emotional abuse and threats I recieved from her during our marriage.
Is it true that as she was unfaithful while we were still living together that she has no legal standing to request or demand ant kind of monetary payout.
No, you are thinking of the old family laws which required some act be committed by a guilty party before a divorce could be granted these laws were superseded over 30 years ago. And even then there was no such rule as you have outlined.
What people do is a matter for their own morality,
All the family court is interested in is whether the marriage has broken down irretrievably, and the only proof that it has is that the parties have been separated for 12 months or longer.
If you have been separated for at least 12 months you can apply for a divorce.
I am NOT a lawyer. Anything said is NOT legal advice.
Please post your legal questions in a forum rather than sending a PM. Thanks.
NO, if you and she didn't put any money into buying the home then she has nothing she can claim against. However, if you are a part owner then yes she can claim part of your share. By the way if you were separated when she was 'unfaithful' then she was not actually unfaithful in the regular sense. You must be a couple to be considered to have been unfaithful.
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