Affidavit in support of Petition based upon Adultery

*only for inclusion in tier 1 – tiers 2 & 3 will have questions to answer instead

Note (a)        This is the case number that would have been provided when the divorce petition was issued and will appear on your Acknowledgement and on the Notice from the Court that the divorce petition has been issued.

Note (b)        County Court – this is the Court in which the divorce has been issued

Note (c)        Petitioner – your name

Note (d)        Respondent – your spouse’s name

Note (e)        Co-Respondent – should be not applicable in most cases
Question 1     Complete this question
Question 2     Complete this question
Question 3     Complete this question
Question 4     Confirm to the Court the reason how you came to know that the Respondent had       committed adultery, for example did the Respondent tell you, did you see the        adultery for yourself etc
Question 5     Confirm the date upon which it became known to you that the Respondent had          committed adultery, that is the date that you were told, or you witnessed it
Question 6     You need to confirm to the Court that you find it intolerable to live with the Respondent.  Any periods of six months or more where you have continued to live with the Respondent after the last known act of adultery could render your divorce petition unable to proceed, as it would suggest that you do not find it intolerable to live with the Respondent and the grounds for divorcing on adultery are that the adultery has taken place and it is intolerable for you to live with the Respondent
Question 7     Since the answer you gave in paragraph 5, as to whether you have lived with the Respondent: this is to confirm the dates and periods in which you have cohabited. The court can ascertain whether or not your divorce can proceed.
Question 8     Confirm that you have read the Statement of Arrangements for children
Question 9     Say whether you wish to alter or amend any matter of that statement
Question 10   On the basis of these alterations and additions, if any have taken place – you need to confirm that the contents of the statement of arrangements for children is true:  If any statement you have made not within your own knowledge, you need to say this and say whether it is true to the best of your knowledge and belief.

Note (f)         State your full name

Note (g)        State your full address

Note (h)        State your occupation

Note (j)         you must identify the signature of the Respondent on the Acknowledgement of Service exactly as it is signed.  For example, if your spouse signs his name “J Bloggs”, state “J Bloggs” rather than “Joseph Bloggs” or “Joe Bloggs”.

Note (k)        If the Respondent has signed a separate document admitting adultery, you should refer to it here.

Note (m)       This does not need to be completed but is evidence of the Respondent’s agreement to         the children arrangements.

Note (n)        Exhibit any other document that you wish to rely upon

Note (p)        Please delete as appropriate.  Please refer to your divorce petition where you would have stated whether or not you were claiming costs against the Respondent. If you have claimed costs against the Respondent, do not delete this paragraph; if you did not claim costs then simply delete the parts that refer to the costs in the square brackets.

Note (q)        At the bottom of the Affidavit on page 3, please insert the Court’s full address where stated.