Acting on behalf of a husband in divorce proceedings involving a 20 year marriage. The wife had issued a divorce petition based on the husband’s unreasonable behavior. The parties continued to reside with one another. There had been some arguments, but the husband certainly did not deem the marriage to be over.
The divorce proceedings were defended entirely by way of a formal Answer as the husband did not believe that the marriage had broken down irretrievably. The proceedings were stayed, to allow the parties the opportunity to discuss matters, and to decide whether the marriage could be saved. It later transpired that the wife had committed adultery, and was continuing a relationship with this person.
Permission was sought from the court for the husband’s original Answer defending the proceedings to be amended. A Cross-Petition was prepared, with the husband petitioning against the wife on the fact of her adultery. The husband’s petition proceeded, and the divorce was granted on the fact of the wife’s adultery.