The reality is that the situation is much more complicated than this. If, for example, either of you is a national of another country or you live in or have lived in another country then there may potentially be other jurisdictions to consider.
The implications of this can be far reaching as the country which deals with your divorce will generally also deal with the financial issues and the laws and principles which apply can vary widely. For this reason it is always important to take advice in every potential jurisdiction.
Time is of the essence where there are competing jurisdictions for divorce as within the EU (save Denmark) there is a “first past the post” rule which means that the first person to issue proceedings will claim jurisdiction. There is no such strict rule outside of the EU but timing remains important.
You cannot commit adultery when you are separated
The definition of adultery is voluntary sexual intercourse between a married person and a person who is not their spouse.
Therefore it does not matter if you have been separated from your partner for a number of years if you are still married and enter into a sexual relationship with another person you are committing adultery and your husband or wife may technically use this as grounds for divorce.
It is important to remember, however, that the basis on which a divorce is granted has no bearing on the financial settlement or issues relating to children.
James Maguire & Co is a specialist firm of Family Law and Divorce Law solicitors based in Wilmslow, Cheshire. We offer legal advice to parties going through a divorce including the financial issues which flow from this and children matters including child maintenance.
We can also advise on Schedule1 Children Act 1989 applications.
We advise clients in the Wilmslow area and also to the surrounding areas of Alderley Edge, Bramhall, Hale, Altrincham, Manchester and the North West. We are also able to act for clients nationally and internationally subject to the jurisdiction of England and Wales. For advice please contact James Maguire by telephone +44 (0) 1625 529456 or by email firstname.lastname@example.org
For specialist advice on any family law related issue contact Maguire Family Law by email: email@example.com or telephone: