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Adultery without claiming costs

Posted by spartacus 
Adultery without claiming costs
October 01, 2020 03:23PM
My wife is filing for divorce on grounds of Adultery. I am currently denying any adultery occurred.

Firstly, is it correct that in the case of adultery the petitionee pays legal costs for both sides? In my mind, that could basically result in me paying legal fees for solicitors for both parties to fight amongst themselves to reach a settlement as my 'wife' is going for everything.

Is it possible for me to agree to adultery, in order to get the divorce moving and completed quickly, but to insist that I will accept that as grounds if she agrees not to make a claim for costs? and of course get such an offer in writing issued by her solicitor?

Thanks.
Re: Adultery without claiming costs
October 01, 2020 06:38PM
First, the costs of the divorce - ie issuing a divorce petition and pursuing that divorce petition to decree absolute - are separate from the costs of settling the financial issues arising from the marriage. The rule in the latter is that each spouse pays their own costs. If your wife claims costs in the divorce petition those costs will only be those incurred in actually obtaining the divorce.

Second, if your wife cannot prove that adultery has taken place (and it sounds as though she only suspects it rather than being able to prove it which is a separate thing) then you could (in a letter headed 'without prejudice') offer to agree not to defend the divorce and admit the adultery on condition that each side pays their own divorce costs. The heading 'without prejudice' is important because if these words are omitted the letter itself could be capable of proving that you have admitted adultery.
Re: Adultery without claiming costs
October 01, 2020 06:53PM
Thank you!
Re: Adultery without claiming costs
October 08, 2020 09:21AM
I have suggested to my wife that I will not contest a divorce on grounds of adultery providing there is no claim for costs made against me.

Her solicitor has sent me a letter a acknowledging this, however they are requesting I sign a "confession statement". Is this normal practice?

Thanks again for any assistance.
Re: Adultery without claiming costs
October 08, 2020 02:15PM
>>Her solicitor has sent me a letter a acknowledging this, however they are requesting I sign a "confession statement"

I wouldn't do that if I were you. There is no need. Your wife can either prove the adultery or she cannot. If she cannot then she should not be relying upon this ground for divorce. In any case there is no need. In the acknowledgement of service you would be sent by the court to complete there is a questions which says, 'Do you admit the adultery?' You can simply answer, 'Yes'. That is sufficient for the court. What does your wife want to do with a 'confession statement'? Frame it?
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