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Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7472
Experience:  BA (Hons), PgDip, Practising Solicitor
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my husband wants a divorce and his online divorce lawyer has

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my husband wants a divorce and his online divorce lawyer has sent me the papers to sign. he is accusing me of adultery which is untrue. do i sign the papers and where it says do i admit to adultery i put no will this be heard and will the divorce still go through? thank you

Hi
Thanks for your question.
If the adultery is not true then obviously you should not “admit” to it. By saying that you did commit adultery when you didn’t you would be perjuring yourself. This is regarded as contempt of court and could have serious consequences so it’s very important that you do not misrepresent yourself.
If you do not “admit” the adultery then your husband can either attempt to prove the adultery in a defended divorce in open court (unlikely, expensive, stressful) or he can petition you on another basis (eg unreasonable behaviour). If by signing the papers admitting the adultery you would be perjuring yourself then you may wish to either petition your husband yourself of to request that he petition you on unreasonable behaviour.
The actual reason cited in the divorce is immaterial to financial settlement, it exists only to convince the judge that you are legally entitled to a divorce.

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Kind regards,


Tom
Customer: replied 4 years ago.
so do i send papers back unsigned with a letter saying that i do not accept adultery and say on grounds of unreasonable behaviour will they change it ? thank you
Hi,

I would write to your husband stating that you cannot admit to something that isn't true and ask him to petition you on the basis of your unreasonable behaviour, and yes send the papers back unsigned.

At the same time and for the same reason you should ask him to withdraw the petition if it has already been issued by the Court.

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Kind regards,

Tom
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