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Thomas
Thomas, Solicitor
Category: UK Family Law
Satisfied Customers: 7600
Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi There. My wife and I have been married for two years. 18

Resolved Question:

Hi There. My wife and I have been married for two years. 18 months of those we have not had sexual intimacy of any kind. Holding hands, hugging, any type of physical contact is included in that.

In December, I commited adultery with someone. It was not a long-standing affair. It was just one, stupid drunken night.

In the event of the marriage ending, am I in the eyes of the law, completely in the wrong? Or will the courts take some mitigating circumstances into account?
Submitted: 5 years ago.
Category: UK Family Law
Expert:  Thomas replied 5 years ago.

Hi,

 

Thanks for your question.

The actual reasons (including adultery) do not influence the Court when they are involved in determining what is a fair financial settlement between divorcing spouses. You will not receive less in your settlement because of your adultery.

 

The courts considering other reasons. There is a presumption that each party retains a 50% share in the assets of the marriage, this can be rebutted so that one party receives greater than 50% if (most commonly and to a greater extent) there are minor children of the marriage who are to reside with one resident parent or (to a much lesser extent) if there is a large disparity between earning capacities of the parties or where one requires more in order to cope with the financial burden of living with a health condition.

 

The Court does not make a moral judgement like the one I believe you are concerned about.

 

 

If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question.

 

I will answer your follow up questions you may have.


Kind regards,


Tom

Customer: replied 5 years ago.
Thanks Tom!

I will accept the answer I appreciate your help in this difficult issue.

One last thing:

When we got married we signed a pre-nup (out of community of property pre-nup), will the terms of this pre-nup change your answer above in any way? Or is really just designed so both parties get a fair deal?

Albe
Expert:  Thomas replied 5 years ago.

Hi Albe,

 

Unless the terms of the pre-nup contain a clause which states that the position should be altered if you commit adultery it will remain the same.

 

Trust this clarifies, please click accept.


Kind regards.

 

Tom

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