Q. I left my husband 5 months ago as I no longer loved him and we had been living separate lives for a number of years. Since then I have met and moved in with another man. I have received correspondence from a solicitor acting for my husband saying he intends to divorce me on the grounds of adultery. This is untrue and I do not see why I should take the blame for the breakdown?
A. Firstly, we have a no fault divorce system which means that the court is only concerned with whether the marriage has irretrievably broken down. They do not concern themselves with who was to blame. This is a good thing as more often than not both parties play a part in a marriage breakdown.
However, I agree with you that adultery would seem to be inappropriate here. Adultery is sexual intercourse with another whilst married. From what you say, the marriage was over before you began your new relationship and therefore you could successfully defend an adultery petition if you wished to. This should be communicated to your husband's solicitors ASAP as they may not be full aware of the position (after all they have only heard his side of events).
You should also seek your own legal advice ASAP as to the other grounds of divorce available and the financial implications which inevitably follow on from divorce proceedings.
