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Adultery and non consent of divorce

Posted by Loulou 
Adultery and non consent of divorce
October 03, 2019 02:23PM
Hello,
If one party has admitted adultery but does not consent to a divorce filed by their spouse and instead wants to wait for two years, is this possible? Or does admitting adultery mean that divorce can proceed without the others consent BEFORE two years?
Re: Adultery and non consent of divorce
October 03, 2019 06:13PM
If one spouse has committed adultery and the other wants a divorce then it is very unwise to wait in order to be able to divorce on the grounds of two years' separation without consent. For a start divorce based on two years' separation requires consent? Why gamble on whether that consent would be forthcoming? After all, a spouse who has committed adultery but wants you to wait two years sounds pretty unreasonable. Why delay for two years? The marriage has either broken down or it hasn't. If the spouse who has not committed adultery decides that the marriage is over then he/she should get a divorce sooner rather than later. The co-operation of the other spouse is not required. You would be getting divorced not getting married. Why should the spouse who has not committed adultery put their life on hold for two (or possibly more) years in order to spare the feelings of the one who has?
Re: Adultery and non consent of divorce
October 03, 2019 09:24PM
Thank you for your answer. The reason for waiting for two years is that by then the other party will be in receipt of a state pension and will then be on an equal footing financially when filling in their forms regarding income.
Re: Adultery and non consent of divorce
October 04, 2019 09:30AM
It is rarely a good idea to speculate what financial circumstances will be in two years' time. All sorts of things can happen - perhaps an inheritance, lottery win, one spouse develops an illness etc.
Re: Adultery and non consent of divorce
October 04, 2019 10:01AM
Thank you Mr Terry, your input has been very helpful. smiling smiley
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